High Court bars Trade CS Moses Kuria from 'insulting or demeaning' any media practitioner

Justice Lawrence Mugambi has issued the orders following a petition filed by human rights defender Charles Mugane.

Mugane filed a case against Moses Kuria following his recent insults and threats against a section of the media.

"...pending the hearing and determination of this application an injunction be and is hereby issued against the Cabinet Secretary, Ministry of Investments, Trade and Industries the Hon. Moses Kuria preventing him from uttering and expressing any insulting, demeaning, belittling, condescending, disdainful, disparaging or vilifying words against any Media Practitioner(s) within the meaning of Article 34 of the Constitution of Kenya," reads the court order.

In the petition, he submits that the insulting words used by Kuria against the media were "intended to intimidate and/or threaten media practitioners from exposing dubious transactions by the government with a promise of proprietary consequences which is a breach of the Freedom of the media guaranteed by the Constitution."

Mugane further argues that the remarks by the CS Kuria threaten media freedom, are unconstitutional and offend the public procurement and disposal act. 

"The above words were uttered by the person of a Cabinet Secretary who is a State Officer in his official capacity which conduct dishonors the nation of Kenya, the office held by the 1st Respondent and further waters down public confidence in the integrity of the office so held," the petitioner further argues.

Justice Mugambi further directed that the matter be served upon the respondents in the case, including the Trade CS and the Attorney General.

The matter will be mentioned on June 24.

Kuria has been under sharp criticism after he attacked the Nation Media Group (NMG), labelling their journalists as "prostitutes" in what was seen as a response to an exposé NMG ran over the weekend on an oil scandal allegedly orchestrated by his ministry.

He even made a roadside declaration ordering government agencies to stop advertising with NMG or face dismissal.

The Trade CS has since vowed not to apologise for his remarks.

"I am not apologizing and I have been a media owner before. I have been a writer in your newspapers and all that before," said CS Kuria.

"There is nobody who is pro-media more than me but I know the difference between media and what Thomas Baldwin called the prerogative of the harlot; the exercise of power without responsibility."