BY SAM ALFAN.
Bungoma Senator Moses Wetangula’s war with the British Broadcasting Corporation is far from over with the later now challenging gagging orders stopping it from mentioning him as a key beneficiary in the bribery allegations by British America Tobacco.
THE British Broadcasting Corporation (BBC) intends to challenge gagging orders against defaming Bungoma Senator Moses in relation to the controversial bribery scandal involving the British American Tobacco Company (BAT).
BBC is aggrieved by the injunction issued on January 25 2016 by High Court Judge Thuranira Jaden blocking any further airing of the television programme which was first broadcast on November 30, 2015.
The story was subsequently carried by the business section of the BBC World News Panorama programme.
Hamilton Harrison and Mathews Advocates, representing BBC, yesterday filed a formal notice in the Court of Appeal and served it on SC James Orengo Advocates.
The politician, who previously served as Foreign Affairs and Trade minister, sued the BBC for claiming he had solicited an airline ticket for his wife from BAT and was involved in bribery of public officials in 2012.
Wetangula has however denied those allegations terming them hearsay meant to tarnish his name.
In the contested decision, Justice Thuranira had pointed out that the offending publication was not denied although the BBC had raised the defence of qualified privilege on the basis of corruption touching on an international tobacco firm.
“Freedom of expression by the media is not absolute,” the Judge had said.
“There is no evidence to show whether the air ticket in question was used in connection with any travel or whether Wetangula was hosted at the BAT Globe House in London,” the judge said.
Justice Thuranira held that the dossier used by the BBC was not verified and it was not in the public interest to publish falsehoods.
“Wetangula’s reputation was at stake since the alleged defamatory information was in the public domain, having been published locally and abroad.
