Two Appellate Judges Sue Nation Media Over Defamation

Nation Media Group (NMG) is in trouble after two senior judges sued the media house over defamation claims.

Court of Appeal Judges Martha Koome and Fatuma Sichale are seeking damages of an unspecified amount  after broadcasting and publishing defamatory articles in its daily and television on November 2, 2017.

In a complaint filed through lawyer Macharia Kahonge, they accused the media house of broadcasting false and malicious content: that they had improperly reversed several High Court orders.

The article alleged that the duo issued orders revising findings by High Court Judge Odunga in the run-up of last year’s general elections.

Findings by High Court were that some 290 Returning Officers had been irregularly appointed, the 2 Appellate judges overruled this without convening a sitting.

They also referenced a story aired on NTV insinuating the orders were part of an attempt to manipulate officers of the Court of Appeal registry.

Kahonge pointed out that the articles alleged the judges had ill motive by working on October 25,2017 which happened to be a public holiday so as to rule in favour of a party challenging the appointment of Returning Officers.

In the suit, the lawyer also claimed Walter Menya on February 25,2018 maliciously published an article titled “Jubilee plan to ‘fix’ Judiciary rolling full steam ahead” which painted the judges in bad light.

Kahonge argued the publication defamed the judicial officers as it portrayed them as fraudulent and partisan to the Jubilee party.

He further stated the article made the judges seem to have breached Chapter Six of the Constitution on leadership and integrity as it depicted them as being  corrupt, dishonest, incompetent and having no moral standing.