Why Standard Newspaper Apologised to DCJ Philomena Mwilu

Photo collage of Deput Chief Justice Philomena Mwilu and people reading the Standard Newspaper
Photo collage of Deputy Chief Justice Philomena Mwilu on August 31, 2022, and people reading the Standard Newspaper.
Photo
The Judiciary Kenya/ The Standard

On Friday, May 19, Standard Newspaper printed an apology to Deputy Chief Justice Philomena Mwilu for what it said was publishing a story without a factual basis.

In the publication, the newspaper unreservedly apologised to Mwilu, her family, colleagues and the public for creating a false impression

According to the media conglomerate, the article was published on September 19, 2017, after the Presidential petition was filed by The National Super Alliance (NASA) led by former Prime Minister Raila Odinga.

In the article, Damning Petitions Link Mwilu and Lenaola to NASA Lawyers, the Deputy Chief Justice was accused of improper conduct. 

Deputy Chief Justice Philomena Mwilu chairing an interview session for the position of Law Clerks at Supreme Court building on October 14, 2022
Deputy Chief Justice Philomena Mwilu chairing an interview session for the position of Law Clerks at the Supreme Court building on October 14, 2022.
Photo
The Judiciary Kenya

Standard Newspaper also alleged that Supreme Court judges phone numbers were traced at the same location as those of the lawyers who represented Raila during the petition where he challenged former President Uhuru Kenyatta's win.

Aggrieved by the accusations, Mwilu sued the newspaper. In her suit, she debunked all the allegations levelled against her by the Standard article.

The judgement delivered following the suit established that the story published by Standard was not factual.

"The judgment of the Court in Civil Suit No. 226 of 2018 brought against us by Lady Justice Mwilu established that these claims were false, untrue and without any factual basis," Standard wrote.

"We have also established that the purported documentary evidence confirming a meeting between the Deputy Chief Justice and the mentioned Counsel do not exist," the mainstream media publication added.

Following the verdict, the newspaper printed an apology, indicating that Standard had unreservedly expressed its regrets.

It was, however, not immediately established if Mwilu filed for damages following the publication

Damages can include financial losses, emotional distress, and damage to reputation and vary depending on the case's facts. 

Defence for defamation allows the accused person to lodge an appeal over the application for damages governed by the Defamation Act (1).

Inside the studios at the Standard Media Group during the 2022 General Election
Inside the studios at the Standard Media Group during the 2022 General Election.
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KTN News