About IFEX:

News by region:

IFEX Campaigns and Advocacy:

IFEX Email Products:

Opportunities and assistance:

Alert

Jailed publisher released

(Media Institute/IFEX) - In a move that took everyone by surprise, the
government of Kenya freed "Post on Sunday" Publisher Tony Gachoka on 3
November 1999.





**Updates IFEX alerts of 9 September, 31 August, 23 August, 16 July, 24
February, 17 February and 16 February 1999**

Gachoka received a six-month jail sentence on 20 August by a record bench of
seven Court of Appeal judges, who convicted him of contempt of court.
Gachoka was charged with imputing improper motives on the judicary for
claiming in two editions of his "Post on Sunday" newspaper that a string of
judges had been compromised to rule in favour of suspect Kamlesh Pattni in
the ever-rising Goldenberg scandal in which government officials colluded
with the businessman to steal an estimated 68 billion Kenya shillings
(approx. US$915 million) in fake diamond and gold exports.

The "Post" claimed that Chief Justice Zaccheus Chesoni, who died in
September, had received a bribe of 30 million shillings (approx. US$404,000)
from the businessman, in order to influence the decisions in the series of
Goldenberg cases.

Gachoka's sentence was roundly condemned by local and international freedom
of expression groups as excessive. His full sentence was expected to run
until 20 December. The journalist says he was informed that he had received
a presidential pardon and was escorted out of Kamiti Maximum Prison near
Nanirobi. Under Kenyan law, the president enjoys an unlimited prerogative to
pardon any convict.

Gachoka, who looked famished, had been reported sick on Monday 1 November.
But the minister in charge of prisons told parliament he was suffering from
"thinking too much" and had been examined by a doctor.

Gachoka walked out of Kamiti Maximum prison shortly after 10:00 a.m. (local
time) and held a press conference in the afternoon at which he vowed to sue
the government for unlawful imprisonment. His paper had been fined 1 million
shillings (approx. US$13,500), which it has yet to pay. Gachoka's friends
have been organising various lobby activities to pressure for his release.

His release comes ahead of next week's Commonwealth Heads of State General
Meeting in Durban at which governments that suppress the press are targeted
by a press freedom campaign. Kenya is listed among those countries, although
sources say President Daniel Moi has yet to confirm participation.