Nyali Member of Parliament Mohammed Ali alias Moha Jicho Pevu has won a lawsuit against the Kenyan giant publication and Radio Afica owned the star newspaper.
This is after the paper in March 10, 2018, mis represented facts in linking the legislator with the embezzlement of the Nyali Constituency Development Funds (CDF).
The paper captured the former investigative reporter under investigation by the Ethics and Anti-Corruption Commission (EACC) over fraudulent dealings in his constituency.
Moha moved to the corridors of justice seeking legal redress over the publications “Mohamed Ali Caught up in CDF Bursary Scam, as He fires Three” caption.
In their defense, the publication together with the author of the piece denied malicious intentions to defame the legislator.
They argued that the words were not meant to be understood in a “defamatory manner either in their natural and ordinary meaning or by innuendo”.
In his ruling, Judge Gitonga took into consideration that the publication issued a correction and also sought clarification from Moha Jicho Pevu but still ordered them to pay for the damages caused as a result of the original publication.
“Based on the foregoing and owing to the fact that the plaintiff was afforded a right of reply and a clarification was published on May 11 and 12, 2019, which sought to make clarifications and directly apologized to the plaintiff, and taking into consideration the provisions under section 16 A of the defamation Act Cap 36 of the Laws of Kenya, I award the plaintiff a sum of Ksh1 million as general damages for the tort of defamation,” ruled the judge,” the judgment read in part.
They were also ordered to cover the financial expenses of the legal process and other incidentals incurred in the process of seeking justice.
He cautioned and challenged other upcoming reporters to verify facts before making them public.
The newspaper featured the legislator in bad light with his attorney stating that it captured Moha as a bad and fraudulent leader of no good to his people.
“That he is working hard to deprive of Kenyans the good use of their taxpayer’s money; that our client is to be culpable of the entire scandal and that our client has defrauded members of the public Ksh25,000,000,” argued Ali in court papers at the time.