Veteran Thika-based journalist Francis Kilango has filed a civil suit against the Attorney General, the Office of the Director of Public Prosecutions (ODPP), the Ministry of Interior, and Ekalakala Sublocation Assistant Chief Timothy Kivati. He is seeking damages for unlawful arrest, malicious prosecution, defamation, and character assassination.
Kilango, a journalist with over three decades of experience in the media industry, was acquitted of charges of incitement to violence after a seven-year legal battle that, he says, significantly affected his career, finances, and personal life.
His lawsuit, filed at Kithimani Law Courts under case number MCCC/E250/2024, originates from events on June 27, 2018, when he was arrested and charged with inciting bodaboda riders to attack and injure Assistant Chief Timothy Kivati in Ekalakala, Masinga, Machakos County.
At the time of his arrest, Kilango had travelled to Ekalakala to cover a protest by bodaboda riders over the alleged abduction of one of their members, who had reportedly fallen out with the assistant chief over illegal sand harvesting. However, instead of fulfilling his assignment, Kilango found himself handcuffed after the assistant chief filed a report accusing him of inciting violence.
The journalist is said to have been arrested without a warrant, detained overnight, and later released on police cash bail before being formally charged on June 28, 2018, in the Kithimani Court. The trial dragged on for seven years, consuming his time, resources, and professional opportunities.
On July 18, 2024, the Senior Principal Magistrate’s Court in Kithimani acquitted Kilango under Section 215 of the Criminal Procedure Code, ruling that the prosecution had failed to provide sufficient evidence to prove its case beyond reasonable doubt.
Following his acquittal, Kilango has moved to court, asserting that he was wrongfully arrested and imprisoned, resulting in a loss of personal liberty.
He claims he was defamed and branded a criminal, which damaged his reputation and led to lost job opportunities.
He also states that he has been emotionally and financially drained, having spent significant time and money defending himself, and that he was blacklisted from employment due to his Certificate of Good Conduct indicating a pending criminal case, deterring potential employers.
Kilango’s legal battle has attracted international attention, with Media Defence, a London-based organization advocating for journalists’ rights, stepping in to provide financial support in his pursuit of justice.
The Attorney General, ODPP, Ministry of Interior, and Assistant Chief Timothy Kivati have been notified and have responded. Kilango’s lawyer, Soita Siundu, confirmed that the case was officially lodged on October 22, 2024, and will proceed to mention and a full hearing in due course.
Kilango expressed gratitude to Media Defence for their support throughout his seven-year ordeal and hopes the court will hold those responsible accountable for the damages inflicted upon him.
“I have spent seven years fighting to clear my name. I lost my job, missed countless opportunities, and endured public humiliation. I want justice not just for myself but for every journalist who faces intimidation for doing their job,” Kilango stated.