Kenya: DPP, Kimaiyo want media barred from Hemed case

The Director of Public Prosecutions Keriako Tobiko and Inspector General of Police David Kimaiyo want the case on the missing suspect Mr Hemed Salim Hemed be heard in private.

The two have have filed an application seeking media and members of the public be barred from a habeas corpus proceedings on the whereabouts of Mr Hemed.

Mr Hemed was arrested last month during the Masjid Musa mosque police raid but he was later declared missing.

In their application before Justice Edward Muriithi, Mr Tobiko and Mr Kimaiyo, listed as first and second respondents respectively, argued that the media is being insensitive in their reporting of the proceeding.

Through senior principal prosecution counsel Mr Alexander Muteti, the two respondents further submitted that the media coverage has endangered the lives of deputy Mombasa DCIO Inspector Evans Wesonga and police constable Owino Okuto.

The two officers have been in the dock testifying over Mr Hemed’s disappearance.

Mr Muteti told Justice Muriithi that photographs of the two officers posted by unknown person have been circulating on social media, thereby endangering their lives.

“It is hard to test who is posting these images and for what purpose it is serving. We are not asking this court to limit the rights of habeas corpus. We are asking for the limitation of the freedom of expression. Let the court limit what the public is doing in a court of law,” he added.

The state counsel further told the court that the two witnesses of the trial court have expressed that they have no trust of the members of the public present in the public gallery.

“That witness has said before your lordship that he cannot trust these people. This court should not close its eyes. The people seated here are so said public but from your seat, your lordship you cannot say who they are. Same for the witness,” he added.

DISALLOW APPLICATION

In a quick rejoinder, the two petitioner’s Masoud Hemed Salim and Okiya Omtata asked the court to disallow the application in the interest of justice, transparency and accountability of the proceeding.

In his submission through lawyer Yusuf Abubakar, the missing man's younger brother told Justice Muriithi that, if he allows that application, the court could be viewed as siding with the police to hide the truth over his elder brother’s whereabouts.

“If indeed the respondents were concerned of the safety of these witnesses, from the onset of this proceeding, they would have initiated a witness protection programme. Your lordship that has not been done,” added Mr Abubakar.

He added: “From the start the media has been highlighting this proceeding. Photographs of PC Owino and Inspector Wesonga have been published. Same for the lawyers and your lordship. The effect of this application is to prevent transparency and accountability. It is a strategy to lock out the public.”

Mr Omtata told the judge that if at all the life of police constable Owino Okuto is under threat, it is from the police more than the public due to the magnitude of evidence he has in regarding to the disappearance of Mr Hemed.

“This application is a statement meant to endanger the life of Mr Okuto. I urge you to order for his protection from his own fellow police officers. We have seen instance where police officers who happen to handle sensitive cases are eliminated,” he asserted.

Justice Muriithi is set to deliver his ruling Monday next week when the case resumes for further hearing.

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