Justice James Wakiaga caused a tiff on Wednesday after he warned the media over the ongoing case of Monica Kimani’s murder.
While taking over the file from Justice Jessie Lessit, Justice Wakiaga read the riot act to the media saying he has a negative attitude towards the media.
“My attitude towards these people (media) is negative! Those statements that you keep on telling us about this case, stop writing them from now,” Justice Wakiaga said.
“I am an old-school judge… if I am influenced before a case, I get upset,” he added.
The judge’s remarks sent shockwaves within newsrooms and have been interpreted by many as a gag to the media.
In fact, some people feel like the judge is already biased and like he pre-emptied his judgment on the case when he said: “You might put me in trouble if I acquit these guys”.
Is Wakiaga already thinking of acquitting murder suspects Jacque Maribe and Joseph Irungu before he even listens to the case? Can’t we all operate within the boundaries of innocent until proven guilty without sending innuendos?
Though the media must operate within the rule of pre judice, Justice Wakiaga ought not to have expressed his personal feeling towards the media.
In the age of the internet, it will be difficult for the judge to gag the millions of people who can broadcast stories touching on the murder.
The media must be left to tell the public on the ongoing case because justice should not only be done but seen to have been done.
My humble advice to the old-school judge is for him to do two things: read all the information being churned out without emotions and feeling or he decides not to consume what is being churned out and instead focus on what is within the court over the case.
A secondary school teacher recently told his students that he cannot control the ‘many KCSE leakages on the internet’, he, however, told his students that they have the power to read them, revise them and ignore them or decide not to even look at the ‘leakages’.
Similarly, Justice Wakiaga has the power to ignore the reports and instead concentrate with the case without care on what the media is saying.
That is what a smart judge in such a case would do.