(NDIMA/IFEX) – The KES 10 million award (about US$ 185,000) given to presidential aide Joshua Kulei in a libel suit against the newspaper “The People” was set aside by the High Court sitting in Nairobi on 31 October 1997. Justice Emmanuel O’Kubasu, who gave the ruling, said the memorandum of appearance and the defence had […]
(NDIMA/IFEX) – The KES 10 million award (about US$ 185,000) given
to presidential aide Joshua Kulei in a libel suit against the
newspaper “The People” was set aside by the High Court sitting in
Nairobi on 31 October 1997. Justice Emmanuel O’Kubasu, who gave
the ruling, said the memorandum of appearance and the defence had
been filed properly so as to allow a speedy and normal trial. An
ex-parte judgment had been entered against “The People” on the
premise that the newspaper had not entered an appearance nor
filed a defence on time.
**Updates IFEX alerts dated 4 and 1 July, 7 and 3 February 1997**
Justice O’Kubasu also ordered that the defendant pay the
plaintiff all the costs he had incurred to date.
Background Information
Kulei sued Kalamka Limited, the publishers of “The People”, over
an article published in January under the headline “Asian Link in
Moi’s Kitchen Cabinet”. In the suit filed through lawyer Mohammed
Ibrahim, Kulei sought an order for a permanent injunction to
restrain “The People” from publishing defamatory matters against
him. He also wanted general damages amounting to KES 23 million,
exemplary damages and costs for the suit. Kulei said the stories
published were understood to mean he was dishonest and corrupt.
In its application filed on 30 June, the newspaper wanted a stay
of execution to be in force until further orders. It also wanted
the KES 10 million award set aside and a new date for an
inter-parte hearing set (see IFEX alert).
