Gem MP Awarded Ksh5 Million Over Facebook Post

 Gem Member of Parliament Elisha Odhiambo
Gem Member of Parliament Elisha Odhiambo
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Siaya politician Booker Ngesa was slapped with a Ksh5 million bill by the High Court over a Facebook post attacking Gem Member of Parliament Elisha Odhiambo.

The High Court ordered Ngesa to pay Odhiambo Ksh5 million over a post that was found to be defamatory. 

Odhiambo told the court that Ngesa posted on his Facebook account defamatory remarks against the MP calling him a thief of public resources.

 Gem Member of Parliament Elisha Odhiambo.
Gem Member of Parliament Elisha Odhiambo.
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The MP further told Justice Roseline Aburili that the Siaya politician would make the same remarks during an interview with a local radio station.

Ngesa was ordered to pay Odhiambo aggravated damages of Ksh1 million and the court issued a permanent injunction restraining the politician from continuing to defame the lawmaker.

Defamation is the verbal or written communication of a false statement about another that unjustly hurts their reputation.

In June, Nyali MP Mohammed Ali, popularly known as Moha Jicho Pevu, was awarded Ksh1 million in a defamation case he filed against The Star newspaper.

The paper, in March 2018, published a story linking the former investigative reporter to the embezzlement of the Constituency Development Fund (CDF).

In the article titled Mohamed Ali Caught up in CDF Bursary Scam, as He Fires Three, the paper claimed that the MP was under investigation by the Ethics and Anti-corruption Commission (EACC) over fraudulent dealings in his Constituency Development Fund (CDF).

Shortly after the story ran, Ali filed a defamatory suit in court arguing that the report contained false information with malicious intent.

He further told the court that the article 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.

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.

Nyali MP Mohammed Ali listening to speakers in a meeting held at DP Ruto's home in Karen on Wednesday, December 2
Nyali MP Mohammed Ali listening to speakers in a meeting held at DP Ruto's home in Karen on Wednesday, December 2
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