Former Ethics and Governance Permanent Secretary, John Githongo before Justice Sergon where he was being cross-examination by veteran lawyer Kioko Kilukumi for former minister Dr Chris Murungaru who has sued Githongo for defamation on Monday February 20 ,2017.
BY SAM ALFAN.
Former Anti-graft czar has suffered a major blow as the High Court ordered him to pay former powerful security Cabinet minister Chris Murungaru Sh27 million for defamation.
Justice Joseph Sergon ordered John Githongo to pay 20 million for damages, 5 million aggravated damages and 2 million exemplary damages and the amount to attract interests at court rates from today until full settlement.
“Having considered the rival proposals on damages and having taken into account the authorities cited, i am convinced that in both circumstances of this case the plaintiff (Chris Murungaru) should be awarded both general, aggravated and punitive damages”, ruled Judge Sergon.
The learned judge in his 29 judgement ruled that from evidence presented in court John Githongo intended to have the publication to be intensive, global in nature, with intensity and it appeared he wanted to inflict maximum damages to the former Kieni Member of Parliament.
Dr Murungaru had proposed to be paid 100 million for both general, aggravated and exemplary damages arguing that the intensity and worldwide scope of the publication is unrivaled. He further added that its dissemination was carefully planned and executed to inflict maximum damages to his reputation.
Murungaru testified that on November 22,2005 , John Githongo published and caused to be published a report or a statement which was referred to by print and electronic media as ” The Githongo Dossier” ostensibly addressed to former president Mwai Kibaki.
He claimed that upon reading the aforementioned report and words or statements, he was mentally anguished at adverse , malicious and baseless reference made on him and the publication caused consternation and anxiety among his constituents , family, friends , clergy and business.
The former minister further stated that the publication bwas not founded by any evidence linking him to corrupt dealings but instead the words consist of a pack of falsehoods , rumors , gossips and hearsay.
Former president Mwai Kibaki did not act on a report prepared by ant graft czar, John Githongo who had exposed the controversial Anglo-Leasing scandal.
The court also heard that Githongo did not act on a request made to him by former Chairman of the defunct Kenya Anti-Corruption Commission (KACC) boss, retired Appellate Judge Aaron Ringera, who had invited him to shed light into the corruption saga.The Anglo-Leasing scandal had at the time, shocked the country, and caused several senior state officials to resign.Githongo had resigned on February 2, 2005, while on an official trip to London that had started on January 24, 2005.
He had sent his dossier to then President Kibaki on November 22, 2005, long after he had quit the civil service but no action was taken despite public uproar, he told High Court Judge Joseph Sergon.
The former PS said he had met former Energy minister Simeon Nyachae on October 20, 2014, and discussed high-level corruption that had permeated Kibaki’s administration. Murungaru and some of his Cabinet colleagues were allegedly involved in a mission to secure Sh5 billion from corrupt activities for political campaign purposes, he said.
The former PS recalled that the special audit report by the Auditor-General dated April 10, 2006, relating to the 18 contentious government contracts did not specifically identify Dr Murungaru as a suspect in corrupt dealings.
There existed no tape recording of his conversations with Dr Murungaru relating to the contracts, he said.
Githongo was put to task over his assertion that Dr Murungaru had orchestrated his transfer from State House to the ministry of Justice and Constitutional Affairs over his active involvement in the war against corruption.
