The High Court has ordered the immediate release of a Tuko editor who was sentenced to five days in jail for defying a court order.

Justice Esther Maina of the High Court said the court the application before the court seeking the review of the directive to send Didacus Malowa to jail has raised pertinent issues that should be addressed and determined.

Milimani Principal Magistrate Eunice Nyutu who presided over the National Youth Service (NYS) case in question sentenced Malowa.

However, Malowa’s lawyer, Assa Nyakundi, told the judge that Malowa did not have the opportunity to defend himself before being handed the sentence.

Nyakundi submitted that Nyutu’s ruling was not made in good faith, being that Malowa had already paid Sh50000 over the alleged contempt.

Nyutu sentenced Malowa to 5 days in jail for contempt without bail for failing to publish an apology over the alleged misreporting of the NYS graft case. 

Nyutu accused Malowa of failing to comply with court orders issued to Tuko to apologise and retract the contentious story.

Malowa’s lawyer moved to have the court suspend the sentence on grounds that the matter was already at the High Court for review of the initial order to fining Malowa Sh50000