Court slaps Boniface Mwangi with Sh300,000 fine for refusing to apologise to CS Mutua

The High Court on Wednesday fined activist Boniface Mwangi Sh300,000 after convicting him of contempt of court in a defamation case filed by Tourism and Wildlife Cabinet Secretary Alfred Mutua.  

Judge Francis Rayola sentenced Mwangi to two months in prison if he fails to pay the fine. Nark Kenya party leader Martha Karua, who was among the lawyers representing Mwangi, protested the sentence and vowed to challenge it in court. 

In sentencing Mwangi, the judge revealed that he had taken into account the activist's statements that he was unapologetic for linking Mutua to a 2021 'bombing' of his mansion in Mavoko Sub-county, Machakos County.

On October 16, Mr Rayola had found Mwangi guilty of disobeying court orders compelling him to apologise and retract all statements he had published online about Mutua. 

"I have considered the plea in mitigation. And the court finds that all and sundry, all citizens must always obey court orders. Even the respondent has no option but to obey the court order until it is set aside or stayed.

"As far as his opinion of the defendant is concerned, which he is entitled to, he must obey the same instructions once he has submitted himself to this court. Unfortunately, the defendant does not accept the contempt and states that he does not need to apologise. I fine the accused a sum of Sh300,000 or in default he will be sent to jail for two months," Mr Rayola told the court packed with dozens of activists and Mwangi's relatives. 

The ruling followed an unsuccessful bid by Mwangi to have the case adjourned.

Through Karua and lawyer James wa Njeri, the activist said he was aggrieved by a delay in the trial of the house bombing case.

Karua argued that the contempt case was an attempt to gag her client. She sensationally compared Mwangi to George Floyd, the black American killed by a police officer in 2020.

"The applicant's knees are on the defendant's knees," she said. They lost the application, setting the stage for the verdict.

In his plea for leniency, Mwangi said he was a family man and had helped many Kenyans access justice.