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Republic v. David Makali & 3 others

(1994) JELR 94221 (CA)

Court of Appeal  •  Criminal Application NAI 4 & 5 of 1994 (Consolidated)  •  2 Jun 1994  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Philip Kiptoo Tunoi, Abdul Majid Cockar

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Cockar, Omolo and Tunoi JJ A )

CRIMINAL APPLICATION NO. NAI 4 and 5 OF 1994 (CONSOLIDATED)

BETWEEN

REPUBLIC.........................................................................APPLICANT

AND

DAVID MAKALI and 3 OTHERS.................................RESPONDENTS

JUDGMENT

Cockar JA: My Lords, “The People” is a weekly newspaper and in its edition of 6-12 March, 1994, there appeared an article (hereafter referred to as the article) admittedly written by David Makali the 1st respondent in Criminal Application No NAI 4 of 1994 which the Attorney General, on behalf of the Republic, claimed in the Notice of Motion filed by him on 24th March, 1994, pursuant to the leave of the Court of Appeal granted on 18th March, 1994, contained several contempts of this Court. The 2nd respondent, Bedan Mbugua, who is the Managing Editor of the said newspaper is joined as the 2nd respondent. Independent Media Services Ltd is the publisher and proprietor of the said newspape…

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