Nyali MP Mohammed Ali, popularly known as Moha Jicho Pevu, has been awarded Ksh1 million in a defamatory case he filed against The Star newspaper.
The paper had in March 2018 published a story linking the former investigative reporter to the embezzlement of the Constituency Development Fund (CDF).
In an article titled Mohamed Ali Caught up in CDF Bursary Scam, as He fires Three, the paper claimed that Ali was under investigation by the Ethics and Anti-corruption Commission (EACC) over fraudulent dealings in his Constituency Development Fund (CDF).Nyali MP Mohammed Ali addresses area residents on February 16, 2019.Daily Nation
Shortly after the story ran, Ali filed a defamatory suit in court arguing that the report contained false information with a malicious intention.
He further noted that the article has dented his credibility, profession, reputation adding that he had never been under any investigation by the EACC nor did he have any power to fire any personnel of the CDF committee.
In the ruling, the court awarded the MP Ksh1 million as damages noting that prior to the ruling, The Star had accorded him a right of reply.
"Based on the foregoing and owing to the fact that the plaintiff was afforded a right of reply and a clarification was published on May 11 and 12, 2019, which sought to make clarifications and directly apologised to the plaintiff, and taking into consideration the provisions under section 16 A of the defamation Act Cap 36 of the Laws of Kenya, I award the plaintiff a sum of Ksh1 million as general damages for the tort of defamation," ruled the judge.
The defendants were also ordered to foot the cost of the suit by the defendant.
While celebrating the win, Ali challenged upcoming reporters to endeavour to verify their reports before making them public.
In his suit, the legislator issued three demands to the newspaper to resolve the matter including the issuance of an apology by the paper and pulling down the story.
Ali took offence with the article as his advocate stated that the article portrayed the MP as a fraudulent leader who wasn't of good moral standing.
"That he is working hard to deprive of Kenyans the good use of their taxpayer's money; that our client is to be culpable of the entire scandal and that our client has defrauded members of the public Ksh25,000,000," argued Ali in court papers at the time.Nyali MP Mohammed Ali speaking at a past forum in Mombasa CountyFile
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