Standard Media Group Lawyers Patrick Lutta at Milimani law courts after issued orders to resraining the Standard Media Group and Nation Media Group two from publishing stories linking Nairobi with the financial woes of the collapse of Mumias Sugar Company on Monday 21 September, 2105.
BY SAM ALFAN.
High court has barred to mainstream Media houses from further publishing any articles linking Nairobi Governor Evans Kidero to a report compiled by KPMG linking him with the financial woes of the collapse of Mumias Sugar Company.
In a suit filed at the High Court, Nairobi, Kidero defended his nine-year tenure at the helm of Mumias, saying he is not to blame for the current troubles facing the company.
Justice Alfred Mabeya said the two media houses may re-publish the articles once and if, the suit is determined in their favor.
This is after the Nairobi Governor moved to court through his lawyer Professor Tom OJienda seeking order to gag the two news outlet over the matter.
However, two mainstream media houses opposed the case saying the suit filed by Nairobi governor Evans Kidero to gag them should be dismissed.
Justice Mabeya said the constitutional right to freedom of expression has a limitation and that limitation is the respect for the reputation of others.
“A man is his reputation. Once reputation is lost, it cannot be regained. It is even worse when its destruction is repeated. No amount of damages in my view, unless the plaintiff expressly so indicates in his pleadings, is capable of restoring lost reputation,” he said.
Dr Kidero sought orders seeking to restrain the defendants from further publishing any article or material concerning him in relation to a report dated 8 July 2014 by KPMG regarding the affairs of Mumias Sugar Company
Mabeya stated that there was no evidence that the permission of KPMG had been obtained to publish the information in the draft report.
He also took into consideration that whilst Kidero is a public figure and that his actions both past and present must be put to scrutiny, the same should be scrutinized and published fairly.
He added that as a public figure, any falsehood as to his standing and integrity, considering chapter six of the constitution might have devastating effect on him as a person as well as his character.
“I am satisfied that in the circumstances of this case, the exercise of the right to freedom of expression by the defendants does not outweigh the private right to the reputation of Kidero,” he said
In the case, Kidero sued Standard Group Limited, Paul Wafula, Daniel Wesangula, Nation Media Group Limited and Remenya Gibendi.
He alleged that between 9 and 18 February this year, they maliciously, recklessly and without justification published or caused to be published articles concerning him in relation to the management of Mumias Sugar Company that were defamatory of him.
“The stories were premised on an unconcluded draft report dated December 18, 2014, which had a disclaimer clause that it was not for public use since they knew they had not given a chance to the people they mention to defend themselves,” he says in a sworn document.
It was the defendants contention that the articles were factual extracts from the KPMG report and that they gave the plaintiff an opportunity to comment.
During the hearing, Lawyers Patrick Lutta for the Standard and San Mohamed for the Nation said the KPMG report was obtained from Parliament indicating that it was in the public domain for Kenyans consumption.
Making their submissions, the two lawyers said the suit seeking to bar the two media houses from publishing stories concerning Mumias Sugar Company financial would be malicious as they only acted as a conveyor belt.
“The alleged KPMG defamatory materials complained of are extracts of documents in the public domain. The plaintiff’s private interests do not outweigh the public interest,” lawyer Lutta said.
Lutta said it will be a great disservice to the Kenyan public if the allegations against the company are not published since the public and the governments who are shareholders have a stake in it.
The suit, Kidero defended his nine-year tenure at the helm of Mumias, saying he is not to blame for the current troubles facing the company.
Kidero’s lawyer Professor Tom Ojienda said the forensic audit by KPMG showing massive losses at the company was carried out after Kidero had left the company and did not cover the years he was there.
“The stories were premised on an unconcluded draft report dated December 18, 2014, which had a disclaimer clause that it was not for public use since they knew they had not given a chance to the people they mention to defend themselves,” Ojienda said.
