The Standard Group has defied Justice Isaac Lenaola's demand that the company issue an apology over a story the newspaper published on September 19, alleging that he contacted some lawyers and agents during the hearing of the presidential petition.
Instead, the media house wrote its response calling on Lenaola to explain or contradict the allegations as contained in the petition that was filed with the Judicial Service Commission (JSC) claiming that the judge and Deputy Chief Justice Philomena Mwilu had links to NASA leaders.
"If your client is aggrieved by the publication, he has a right to explain or contradict the allegations as is required by Section 7(2) of the Defamation Act and protected under section 7A to correct any inaccuracy affecting him," the letter read.
[caption caption="Supreme Court Judge Isaac Lenaola"]
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The standard also proposed its willingness to give the judge an opportunity to publish the contradictory statement that would explain his side of the story.
The letter further stated that the publication had nothing personal against the judicial officer adding that it included all the parties in the petition including the Deputy Chief Justice.
"Our publication merely reported a petition submitted to the Judicial Service Commission for Investigation and Removal from Office of the Supreme Court Judge-Justice Isaack Lenaola submitted by one Derrick Malika Ngumu on 18th September 2017," the letter read.
The Standard also defended its publication noting that it only reported a fair and accurate statement that was a matter of public interest with no ill intentions to tarnish the judge's reputation.
"Rather, in publishing the allegations in the petition, our client only discharged its legal, moral and social duty to the people of Kenya who would be interested in receiving such information," the letter read.
[caption caption="File image of Standard Group company building"]
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In his letter to the Standard, Lenaola claimed that the words in the story were understood to mean that he was part of a corruption cartel in the Judiciary, that he delegated his duties to outsiders and that he is without ethical standards.
He also stated that the words meant he lacked the intellectual capacity to draft his own judgements, he subverted the Judiciary and Judicial system, that he was unfit to hold the high office as a judge of the Supreme Court.
