A Nyamira-based journalist has moved to court seeking his release from civil jail, arguing that he was condemned unheard after being jailed for six months for contempt of court.
Through his lawyer Danstan Omari, Daniel Nyakundi alias Evans Nyakundi told the High Court in Nyamira that he was never aware of a suit filed against him by Dr. Asenath Maobe, nor the injunctive orders issued on April 7, 2025 which he is accused of disobeying.
Nyakundi of People Daily is currently serving a six-month jail term imposed by the court on July 28.
He contends that he was neither served with the contempt application nor a notice to show cause, denying him the right to a fair hearing under Article 50 of the Constitution.
In court documents, the journalist said he only learnt of the case after warrant of arrest was issued against him.
He maintained in the application that had he been properly served, he would have sought legal representation and complied with the court’s directions.
“I have just learnt, upon my arrest, that there were orders dated the 7th of April 2025, allegedly served upon me to injunct me from doing my normal journalistic work, which orders were not, actually, served upon me,” read the court documents.
He further told the court that he suffers from a terminal liver ailment which has worsened since his detention, and pleaded to be released on a reasonable fine instead of imprisonment.
“The 2nd Defendant is a law-abiding citizen and is ready and willing to abide by all the directions of this Honourable Court henceforth,” said Omari.
Nyakundi wants the High Court to review its July 28 orders, allow him to mitigate the sentence in person, and substitute the jail term with a fine.
He argued that his continued detention amounts to double jeopardy and causes irreparable harm to his health.
“This Honourable Court be and is hereby pleased to issue a production order to produce the 2nd Defendant physically in Court, for him to personally mitigate the said sentence,” read the court documents.
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