Lawyer Danstan Omari Fights for Journalist’s Release After Contempt Jailing

Veteran journalist Evans Nyakundi’s lawyer, Danstan Omari. Photo/ Dan Nyamanga

By KPC Reporter

Veteran journalist Evans Nyakundi has filed an urgent application at the High Court in Nyamira seeking release from civil jail, where he is currently serving a six-month sentence for contempt of court.

The court had directed that Nyakundi, a correspondent with Mediamax Network Limited, be jailed on July 28, 2025, after allegedly violating injunctive orders issued on April 7 in a defamation case filed by Dr. Asenath Maobe.

Police arrested the journalist on Sunday and held in Nyamira before they moved him to Kisii Prisons yesterday.

In his application, Nyakundi claims he was unaware of the court proceedings and orders until his arrest, arguing that he was neither served with the contempt application nor given a chance to respond or mitigate before sentencing.

His legal team, now led by Danstan Omari & Associates Advocates following a formal change of representation, is seeking a variation of the sentence to allow for a fine in place of imprisonment.

Nyakundi also cites deteriorating health, including a chronic liver condition as grounds for urgent intervention.

Medical records submitted to the court indicate ongoing treatment and referrals to specialist facilities, with his lawyers arguing that continued detention poses serious risks to his wellbeing.

The court documents reveal that the initial service of orders was allegedly done via WhatsApp, a method Nyakundi disputes as insufficient and unacknowledged.

His affidavit emphasizes his willingness to comply with all future court directives and his desire to participate in the proceedings while out on bail.

The case, which stems from a defamation suit filed by Dr. Maobe against Headlink Publishers Limited and Nyakundi, is likely to draw attention over procedural fairness and the treatment of journalists in civil litigation.

Nyakundi’s legal team is pushing for expedited hearing, citing constitutional rights to liberty, fair trial, and access to medical care.

Meanwhile, the Kisii Press Club and Gusii Welfare Association (to which Nyakundi belong), have issued a joint statement calling for urgent intervention.

While acknowledging the seriousness of contempt of court, the entities expressed concern over Nyakundi’s health and the risks posed by continued incarceration.

They urged authorities to consider alternative dispute resolution mechanisms, such as those provided under the Media Council of Kenya (MCK), and emphasized the need for humanitarian consideration in handling the matter.

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