The article titled ‘Recovery of Railways city land by Anti-graft Agency likely to spark drawn-out legal battles’ by Justus Wanga focused on disputes surrounding a piece of land in Nairobi whose ownership has been in question.
Kang’ata has been representing the current occupant, Yung Chul Choi in the case against Kenya Railways Corporation who allege that Choi acquired the land irregularly.
In Wanga’s article, it was claimed that Kang’ata was chosen to represent Choi so as ‘to make noise’, something to which the senator took great offence.
Murang’a Senator Irungu Kang’ata addresses residents during a free medical camp in Kangema, Murang’a County, on June 26, 2017
Daily Nation
“We intend to take legal action against the journalist for breaching his duty of impartiality and independence by authoring the contentious annexed Sunday Nation story and making statements therein that are ‘sub-judice’,” the letter read in part.
In the letter seen by kenyagist.com, Kang’ata broke down the article explaining why he believed it was a breach of media ethics as laid down by the Media Council of Kenya (MCK).
“The story is titled ‘Railways land’, which is contentious averment, highly prejudicial to our case, as it connotes the land belongs to Railways –which our client disputes. Further, it states the undersigned obtained a court order but was time-barred. Without being an employee of Kenya Railways or naming a source or attribution in support of such a contention, how could the reporter know indeed the order was “time-barred?”
“It further states Kenya Railways and EACC have documents indicating the ownership of the plot is irregular. For him to couch his words with such finality as regards the irregularity, why did he fail to state what documents these are? Does the reporter have the competence to declare title documents regular or otherwise? This is the crux of the pending case. It is for the court to render judgement on regularity or otherwise of ownership documents.
“Further, he states the choice of Kangata (undersigned ) is meant to ‘create noise’ –what evidence does he have for this conclusion? Use of the word ‘noise’ demeans the undersigned’s professional competence. Why did the writer fail to bring to the attention of his readers’ several court rulings on the issue of legislators practising in court, which have allowed lawyer/parliamentarians to practise, for comparison purposes ?” Kangata wrote.
The senator further revealed his intention to take legal action against Kenya Railways whom he accused of failing to comply with a valid court order.
He gave the corporation 48 hours notice to cause the removal of police officers and security guards manning the controversial piece of land, failure to which he would initiate contempt of court proceedings.
The letter was addressed to, among others, Kenya Railways Managing Director Philip Mainga, the officer in charge of Kenya Railways Police Station and Wanga, the journalist.
“By a copy of this letter, we notify the Board of Governors (Kenya Railways) and Mr.Macharia – Cabinet Secretary in charge of the Ministry of Roads and infrastructure which superintends Kenya Railways, if the court order is not complied with by Wednesday 1 st April 2020, to take administrative actions within their powers, if any, against the above named employees of the Kenya Railways Corporation.
“By copy of this letter, we notify the Media Council of Kenya and Independent Police Oversight Authority, if the court order is not complied with by Wednesday 1 st April 2020, to take necessary action against Justus Wanga and OCS Kenya Railways respectively as per powers they possess pursuant to relevant provisions of law,” the letter read in part.
Murang’a Senator Irungu Kang’ata attends a court session on August 29, 2019
Daily Nation
