A magistrate Court in Bungoma has set free two Journalists in a corruption case that has taken seven years.
Bungoma based Journalists Titus Oteba and Francis Kasaya escaped conviction after the Magistrate court dismissed the corruption case.
Oteba, currently a Blogger has previously worked with several Radio Stations and Newspapers including the Standard, Daily Nation, and People Daily.
Kasaya has worked with Radio Mambo and currently writes for the Weekly Citizen newspaper.
The duo had been sued in January 2013 after they were arrested in November 29, 2012.
The two were represented by their lawyers Nigel Kundu and David Ongotsi and funded by the Media Council of Kenya and Media Legal Defense Initiative.
Bungoma Principal Magistrate Charles Mutai on August 9 said that the case lacked credibility and had no evidence.
The complainant, Nairobi’s Milimani Law courts, Anti-Corruption Court, Chief Magistrate Douglas Ogoti had sued them after he alleged they attempted to “extort” money from him.
The scribes had filed reports in several Newspapers in which Ogoti had been accused of allegedly soliciting money from an Assistant Chief in order to water down the assault charges against him.
The Chief had allegedly assaulted a class five minor in June 2012 in Mukwa village, Bumula constituency while he was preparing for traditional circumcision fete common in Bukusuland.
Ogoti had allegedly received a Sh70, 000 bribe from an Assistant Chief after the victim’s father reported the matter at Malakisi Police station and later Bungoma police station.
Ogoti was working as State Counsel in Bungoma at the time.
“There was contradiction on the part of the complainant and his witnesses, investigating officers did shoddy investigations, the Shs 5,000 notes had not been dusted to prove if the accused persons received it and the purported message sent to the complainant phone didn’t demand for a bribe but a clarification,” said Mutai.
Mutai said that Ogoti and the investigating officers failed on their part and it led to the postponement of the case several times because they couldn’t produce evidence needed in court.
“I therefore dismiss the case and set the accused persons free,” Magistrate Mutai ruled.
The two Journalists are now contemplating filing a case for damages against the State.