A Nyamira-based journalist has filed an appeal at the High Court seeking release from civil jail, claiming he was jailed without being given a fair hearing.
Through his lawyer, Danstan Omari, Daniel Nyakundi, also known as Evans Nyakundi, argued that he was unaware of a case lodged against him by Dr. Asenath Maobe or the injunctive orders issued on April 7, which he is accused of defying.
Nyakundi is currently serving a six-month sentence handed down on July 28 for contempt of court. He insists that he was never served with the contempt application or a notice to show cause, saying the process denied him his constitutional right to a fair trial under Article 50.
In sworn documents, Nyakundi said he only became aware of the case after a warrant of arrest was issued against him. He maintained that had he been properly served, he would have engaged legal counsel and complied with the court’s directives.
“I have just learnt, upon my arrest, that there were orders dated April 7, 2025, allegedly served upon me to restrain me from performing my normal journalistic duties, but these orders were never actually served on me,” his affidavit states.
The journalist further revealed that he suffers from a terminal liver condition that has deteriorated during his incarceration. He pleaded with the court to substitute the jail term with a reasonable fine, arguing that imprisonment poses a grave risk to his health.
“The 2nd Defendant is a law-abiding citizen and is ready and willing to abide by all the directions of this Honourable Court henceforth,” Omari submitted.
Nyakundi now wants the High Court to review its July 28 ruling, allow him to mitigate his sentence in person, and replace the custodial sentence with a fine. He contends that continued detention amounts to double jeopardy while exposing him to irreparable health risks.
“This Honourable Court be pleased to issue a production order to have the 2nd Defendant physically produced in court, for him to personally mitigate the said sentence,” his court documents read.
