The High Court has awarded Kisii Senator Okong'o Mogeni Ksh6.5 million together with his wife, Lady Justice Jacqueline Mogeni, in a defamation suit they had filed against the Nation Media Group over unfair coverage.
The couple had sued the media conglomerate over a story covered in November 2021 titled 'Lawmaker Pushes Wife's Hiring as Judge'.
Justice Janet Mulwa on Monday held that the publication defamed the couple, ruling that its story implied that the Senator misused his position as chair of the Senate’s Justice and Legal Affairs Committee to influence the appointment of his wife as a judge, alleging that she was coached and had prior access to interview questions.
According to the Senator’s family lawyers, the story was false, malicious, and injurious to their reputations as serving Senator and High Court judge.
They additionally sought an apology, damages, and an injunction against further defamatory publications.
The court concluded that the article was defamatory, reckless, and malicious after reviewing the evidence submitted and other legal documents.
The court ruled that while media freedom is constitutionally protected, it must be exercised responsibly and not at the expense of individuals’ reputations.
Breakdown
The court awarded Senator Mogeni Ksh5 million for general damages, his wife Ksh500,000, and another Ksh1 million in exemplary damages, bringing the total figure to Ksh6.5 million.
Additionally, the media house was ordered to cover the cost of the suit filed by the two, and that it will attract interest at court rates until full payment is made.
However, it was not immediately clear whether the publication would appeal the ruling or choose to honour it in its entirety.
In 2010, the High Court ordered Nation Media Group to pay former Minister Joseph Kamotho and his three sons Ksh14 million for defamation.
Kamotho and his three sons, Charles, James, and David, sued the media firm in May 2001, seeking general and aggravated damages.
