Court thwarts attempt by DPP to bar media from covering Waiguru testimony in Sh791 million NYS scandal

NAIROBI, Kenya, May 19 – Chief Magistrate Francis Andayi has dismissed an application seeking to prevent the media from covering the testimony of Kirinyaga Governor and former Devolution Cabinet Secretary Anne Waiguru in the Sh791 million National Youth Service (NYS) scandal.

The application was filed by the office of the Director of Public Prosecutions.

In the application presented in court, prosecutor Jalson Makori argued before Chief Magistrate Andayi that Waiguru’s testimony would be taken out of context or mis-reported by members of the fourth estate.

“In light with what you have said we have our witness and we are ready to process,because of the space,our witness may take a bit of time due to our testimony, we are requesting that the court bar the media,reasons being that some of the testimony may be taken out of contest or misreported, ” the lawyer said.

However in response to the application by the ODPP to bar the media,Judith Guserwa representing former Devolution Principal Secretary Peter Mangiti asked the court not to bar the media.

He however requested for 10 days to go through the new statement from Waiguru counsel.

“We have no control over what the media covers,the only thing that matters is our health there is no space,we reschedule this hearing to a time where we feel safe and we are healthy enough, Also, Makori has not told us that he has served us with a witness statement which we have not discussed with my client,I would require 10 days to prepare, ” Guserwa said.

Andayi dismissed the application saying it had no merit while at the same time saying they will look for an appropriate space to accommodate all the parties in line with Ministry of Health guidelines.

Lawyer Wandugi kiraithe representing one of the accused also sought the assistance of the courts saying that the prosecution had served them with three different witness statements from Governor Waiguru.

He demanded to be informed which witness statement will be used during the trial.

Also following the demise of Joseph Waigara, counsel to one of the accused, Ben Gethi, the mater was adjourned to August 5, to allow him obtain legal representation.

Wairungu was set to testify against former PS Peter Mangiti, former NYS Director General Nelson Githinji and 22 others in the Sh791 million NYS case.