Jeff Koinange, Gachoka fail to quash arrest warrant

Talk show host Jeff Koinange appeared before a Nairobi court Tuesday to face contempt-of-court charges after he was arrested at his home earlier in the day.

Mr Koinange drove himself to Milimani Law Courts with uniformed police officers inside his car and was taken to the prosecution’s office for processing.

A warrant of arrest had been issued against him and businessman Tony Gachoka for disobeying a court order.

The two are accused of discussing businessman Jimi Wanjigi, Sani Mbui Wanjigi and Kwacha Group of Companies Ltd during Mr Koinange’s Jeff Koinange Live show despite a court order barring the discussion. (Updated at 1pm May 19)

Popular talk-show journalist Jeff Koinange and controversial businessman Tony Gachoka moved to the High Court Monday, seeking to quash an arrest warrant issued against them for failing to appear before a lower court for the hearing of a defamation suit.

Mr Koinange and Mr Gachoka argued that the Chief Magistrate’s Court issued the arrest order unlawfully as it does not have the authority to hear and determine contempt of court cases.

The two also claimed they were never served with the court summons. Senior Resident Magistrate Maisy Chesang ordered the duo’s arrest last Thursday after they failed to appear in person for hearing of the suit Mr Wanjigi has filed against them.

Mr Koinange and Mr Gachoka said they risk being jailed over an irregularly issued court order and without a fair hearing.

“The Chief Magistrate’s court lacks jurisdiction to try, determine and punish for contempt. Ms Chesang issued the order on the face of record before court that Mr Koinange and Mr Gachoka had never been served with any court order,” the two said.

Mr Wanjigi sued Mr Koinange and Mr Gachoka in the lower court for allegedly linking his firm, Kwacha Group of Companies, to the Anglo-Leasing scandal that saw taxpayers lose more than Sh50 billion in irregular security-related contracts awarded by the government.

Mr Koinange and Mr Gachoka are alleged to have uttered the defamatory statements in two different episodes of the former’s talk show, on May 15 last year and on March 12 and 13 this year.

The tycoon, his brother Sani and Kwacha are the complainants in the civil case before Ms Chesang. They claim Mr Koinange and Mr Gachoka used defamatory remarks against them in a talk show hosted on a local TV station.

The complainants argue that Mr Koinange and Mr Gachoka do not deserve the court’s audience on the arrest order as they have on several occasions frustrated hearing of the suit before Ms Chesang.

Justice Weldon Korir on Monday adjourned the case to allow city lawyer Gitobu Imanyara time to furnish the Chief Magistrate’s Court with the suit papers.

“I cannot grant the orders you are seeking until I hear both sides of the story. You must first serve the people you are seeking to stop from arresting you for them to file their responses before I make any orders,” said Justice Korir.

Lower court

Mr Imanyara was granted until close of business on Monday to serve the lower court. The matter is set to come before Justice Korir on Wednesday for further directions.

Mr Imanyara, who is representing Mr Koinange and Mr Gachoka, said he was unable to attend court when Ms Chesang issued the order, as he was recovering from fatigue after being caught up in traffic the entire night before following flash floods that hit Nairobi.

Mr Imanyara insists that he had requested another lawyer to apply for an adjournment of the hearing as his clients had not been served with the court summons.

Mr Wanjigi and Kwacha have, however, held that the order was fairly issued, arguing that Mr Imanyara’s reason for absenteeism during the Thursday hearing was outrageous.

“The statements are ridiculous and contemptuous of the court and cannot be used to justify why Mr Imanyara never turned up. In any event, Mr Imanyara assigned another lawyer to represent him,” said Nicholas Nyamai, Mr Wanjigi’s lawyer.

Mr Koinange and Mr Gachoka are in their application also seeking to stop the Chief Magistrate’s court from further hearing the defamation suit against them, arguing that it has exposed them to two separate suits seeking the same reliefs.

Kwacha Group of Companies and Mr Wanjigi filed a separate suit against Mr Gachoka and the Standard Group in the Civil Division of the High Court.

Mr Koinange says the complainants did not disclose the same to the lower court when filing.

Mr Imanyara says his clients were sued for defamation but are yet to be told the specific words used in the show that allegedly painted Mr Wanjigi and his firm in bad light.

“The suit before the Chief Magistrate expressly seeks to deny Mr Koinange and Mr Gachoka their rights without any pleading of what specific words in the Jeff Koinange Live show are slanderous or defamatory to warrant restriction or denial,” Mr Imanyara added.