NAIROBI JOURNALIST SEEKS HIGH COURT PROTECTION AFTER BEING NAMED IN TUJU DISAPPEARANCE PROBE.

NewsGerald3 hours ago
NAIROBI JOURNALIST SEEKS HIGH COURT PROTECTION AFTER BEING NAMED IN TUJU DISAPPEARANCE PROBE.
A Nairobi-based journalist, Zipporah Wambui, has moved to the High Court seeking protection from arrest after being publicly named by the Directorate of Criminal Investigations (DCI) as a person of interest in the alleged staged disappearance of former Cabinet Secretary Raphael Tuju. The move comes amid growing concern over potential threats to her safety, professional reputation, and personal liberty.

In an urgent application filed at the Milimani Law Courts, Wambui is requesting anticipatory bail and court orders restraining the police and investigative agencies from arresting or harassing her. Through her legal representation, lawyer Danstan Omari, she asserts that the DCI’s public statement has unfairly placed her at risk despite her role as a journalist in reporting the matter.

Wambui contends that she was wrongly identified alongside three other individuals as being allegedly involved in planning and coordinating the purported disappearance of the former CS. She stresses that she has no personal or professional connections with the other people named and has never engaged in any dealings that could link her to the alleged incident.

According to her sworn affidavit, the journalist claims that she only became aware of the alleged disappearance through media coverage and communications from her professional colleagues, as would any journalist covering a developing story of public interest. She further explains that she subsequently attended press briefings in Karen strictly in her capacity as a reporter, aiming to gather and report news to the public.

“Any interactions I had with sources or individuals connected to the story were solely for purposes of newsgathering and reporting,” Wambui states in her affidavit. “I have acted within the bounds of my professional responsibilities as a journalist accredited by the Media Council of Kenya and guided by established media ethics.”

The matter reportedly escalated on April 3, when the DCI, through its communications director, publicly named Wambui as a person of interest in the investigation, describing the disappearance of Tuju as “staged.” The public naming, Wambui claims, sparked fear and apprehension that she could be arrested or harassed despite not having committed any offence. She also alleges that her attempts to seek clarification from the DCI regarding the reasons for her inclusion in the investigation have been met with silence.

Wambui’s lawyer, Omari, emphasized that the naming of the journalist without prior consultation or substantiated evidence has serious implications, not just for her personal liberty but also for press freedom in Kenya. “Our client is a law-abiding citizen who has devoted over 15 years to journalism. She is willing to cooperate with any lawful investigation but should not be targeted or publicly implicated without due process,” Omari stated.

In the application, Wambui is seeking anticipatory bail set at KSh20,000 and court orders preventing the DCI and the Office of the Director of Public Prosecutions (ODPP) from arresting, intimidating, or harassing her without following proper legal procedures. She argues that the intervention of the High Court is necessary to uphold her constitutional rights, which include freedom of the media, personal liberty, and fair treatment under the law.

Legal experts observing the case note that anticipatory bail is a common recourse in Kenya for individuals who fear arbitrary arrest or harassment, particularly in situations where there is public or political sensitivity surrounding an ongoing investigation. The request for court protection is also seen as a reaffirmation of the principle that journalists should be able to report on matters of public interest without fear of persecution.

The alleged staged disappearance of Tuju has drawn nationwide attention, with multiple media houses and social media platforms covering developments extensively. Observers say the case raises important questions about investigative procedures, media freedom, and the balance between public interest and individual rights.

Wambui’s application highlights the delicate position of journalists in high-profile cases. While law enforcement agencies carry the responsibility to investigate potential criminal activities, media practitioners must be able to operate without undue interference or intimidation. Any public association with criminal allegations, especially without formal charges, can have far-reaching effects on a journalist’s career and safety.

In her affidavit, Wambui details her professional conduct, noting that her work has always adhered to the ethical standards set out by the Media Council of Kenya. She emphasizes that any coverage she provided on Tuju’s disappearance was neutral, fact-based, and intended solely to inform the public, rather than influence or participate in the alleged plot.

“The DCI’s public statement has caused me severe distress and threatens my personal safety. I am seeking the court’s protection not only for myself but also to safeguard the integrity of journalism in Kenya,” Wambui said in a statement released through her lawyer.

The High Court will now consider the application and determine whether Wambui should be granted anticipatory bail and protection from potential arrest or harassment. The outcome of this case is expected to have implications for the relationship between journalists and law enforcement agencies in Kenya, particularly in high-stakes investigations involving political figures.

As the nation awaits developments, media watchdogs and civil society groups have expressed support for Wambui, emphasizing that journalists must be able to report freely without fear of being wrongfully implicated in the stories they cover. The case underscores the ongoing tension between state investigations and press freedom, highlighting the critical need for clear legal safeguards to protect journalists from undue targeting.

With the investigation into Tuju’s alleged disappearance ongoing, Wambui’s case serves as a reminder that due process and respect for constitutional rights remain central pillars in Kenya’s legal and democratic framework.

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