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Alert

Journalist's trial adjourned

(Media Institute/IFEX) - Journalist Tony Gachoka's contempt of court trial
was adjourned on 16 July 1999 to 3 to 5 August to enable him prepare his
defence. The court rejected his application to be allowed to call witnesses
to prove his criticism of the judiciary and the executive, published in his
"Post On Sunday" newspaper in February.





**Updates IFEX alerts of 24 February, 17 February and 16 February 1999**

The high profile prosecution, which began on 14 July, is being conducted
before a historic bench of seven judges of the Court of Appeal. The state
concluded submissions to prove that the stories were a scurrilous attack on
the courts and the character of the judges, which need to be protected to
maintain confidence in the administration of justice.

If convicted, as it appears likely, Gachoka stands to be sentenced to the
maximum six months imprisonment and a heavy fine. The trial arises from
stories published in the 6 February edition of the "Post on Sunday"
headlined "Chesoni implicated in an orgy of Judicial Anarchy and a Shs 30
million bribe." Chief Justice Zacheus Chesoni has separately sued him for
libel over the same story and another one titled, "Judiciary in Panic as
Chesoni falls out of favour and sues."

Gachoka had applied to the court to be allowed to call witnesses, which
include judges of the high court, the attorney-general, with whom he claims
to have had several conversations and an interview in which he claimed his
hands were "tied" by the executive in the prosecution of the all-time
scandal, Goldenberg. Gachoka, who is representing himself, had asked to be
allowed to call as witnesses President Moi, his crooked son Philip, several
prominent lawyers, and member of parliament Paul Muite, who is in the thick
of a storm following claims that he received money to keep quiet from the
mastermind of Goldenberg, Kamlesh Pattni.

He claims to have taped a conversation with the president in which he
admitted being the beneficiary of Goldenberg. In his dramatic style, Gachoka
who is unrepresented, insisted that the country has been treated to a game
of chasing a ghost, Goldenberg, when the actual perpetrator of the crime is
the president himself, who ordered payment of over 18 billions shillings
(approx. US$280,000) as compensation for gold, diamond and jewellery exports
that never took place. The criminal charges brought to court have never been
heard and observers attribute the gerrymandering by the courts to
interference from the executive and corruption. The greatest scandal in
Kenya's history led to the suspension of balance of payments support to
Kenya by the World Bank and the IMF and is regarded as the greatest cause of
Kenya's economic decline this decade.