High Court Bars CS Moses Kuria From Insulting Nation Media Group

The CS was on Wednesday, June 21 barred from uttering or expressing any insulting and demeaning words against any media practitioner.

High Court Bars CS Moses Kuria From Insulting Nation Media Group
Trade Cabinet Secretary Moses Kuria speaking at State House, Nairobi on June 19, 2023 and Nation Media Group offices in Nairobi. /PCS.FILE

The High Court has issued orders stopping Trade Cabinet Secretary (CS) Moses Kuria from verbally attacking any media practitioner.

The CS was on Wednesday, June 21 barred from uttering or expressing any insulting and demeaning words against any media practitioner.

The order was given by Justice Lawrence Mugambi following an application filed by Charles Mugane, and pending the determination of a petition he filed.

"...pending the hearing and determination of this application an injunction be and is hereby issued against the Cabinet Secretary, Ministry of Investments, Trade and Industries the Hon. Moses Kuria preventing him from uttering and expressing any insulting, demeaning, belittling, condescending, disdainful, disparaging or vilifying words against any Media Practitioner(s) within the meaning of Article 34 of the Constitution of Kenya," read the court order.

Trade Cabinet Secretary, Moses Kuria during a meeting on the sidelines of the Africa Energy forum on June 20, 2023. /TWITTER.MOSES KURIA

Mugane, a human rights defender, had moved to the High Court to file the petition days after the CS threatened to fire government officials who place adverts on the Nation Media Group (NMG), a media house which has been victim to the Kuria's numerous attacks on Twitter.

He submitted in the petition that the insulting words used by Kuria against the media were "intended to intimidate and/or threaten media practitioners from exposing dubious transactions by the government with a promise of proprietary consequences which is a breach of the Freedom of the media guaranteed by the Constitution."

"The above words were uttered by the person of a Cabinet Secretary who is a State Officer in his official capacity which conduct dishonours the nation of Kenya, the office held by the 1st Respondent and further waters down public confidence in the integrity of the office so held," the petitioner argued.

Justice Mugambi further directed that the matter be served upon the respondents in the case, including the Trade CS and the Attorney General.

The matter will be mentioned on June 24, when the court will hear arguments from both sides and consider an application that seeks to have Kuria permanently barred from making further insulting or demeaning remarks against media practitioners.

The attacks were prompted by the Kimathi Street-based media house's exposé implicating his ministry in the edible oil importation scandal.

Addressing the media outside the precincts of Parliament on Wednesday, June 21, the CS declared that he would not issue any apology to Nation Media Group while claiming that the media house should apologise to one of its journalists whom he alleged had threatened to fire for writing a balanced story.

"I am not apologising. I've been a media owner before and I've been a writer in your newspapers before.

"There is nobody who is pro-media more than me but I know the difference between media and what Thomas Baldwin called the prerogative of the harlot, the exercise of power without responsibility," he addressed.

Kuria has been under fire from media stakeholders since June 18 after announcing sanctions against the NMG, vowing to deny them advertisements from the government.

"Nation Media, you must now decide whether you are a newspaper, broadcasting house, media house or a political party. I have said, from tomorrow, from today even, any government department found placing advertising in Nation Media Group, consider yourself out (of government),” Kuria said on Sunday, June 18.

Journalists covering the swearing-in ceremony of President William Ruto at Kasarani Stadium on September 13, 2022. /MEDIA COUNCIL OF KENYA