(NDIMA/IFEX) – The “Daily Nation”, a publication of the Nation Media Group, has appealed a 28 February 2003 court decision barring it from publishing articles on Jonathan Toroitich in connection with a Kes 45 million (approx. US$585,000) tender. Toroitich is former president Moi’s eldest son. On 4 March, lawyer Githu Muigai filed an appeal with […]
(NDIMA/IFEX) – The “Daily Nation”, a publication of the Nation Media Group, has appealed a 28 February 2003 court decision barring it from publishing articles on Jonathan Toroitich in connection with a Kes 45 million (approx. US$585,000) tender. Toroitich is former president Moi’s eldest son.
On 4 March, lawyer Githu Muigai filed an appeal with the Milimani Commercial Courts, saying the “Daily Nation” was “dissatisfied” with the court’s ruling. He said the newspaper’s appeal was viable, since a parliamentary report was tabled after publication of the “Daily Nation” article that prompted the publishing ban.
The 28 February court decision blocked the Nation Media Group from publishing any defamatory articles on Toroitich’s involvement in the Turkwell power project in Kenya’s West District. Justice Ombija said that although the “Daily Nation” and reporter Odhiambo Orlale enjoyed the right to free expression, they had no right to injure Toroitich’s reputation by using privileged information before it was tabled in Parliament.
The court ruled that the “Daily Nation” could not claim “fair comment, justification or qualified privilege” as defences, since the story was published before the report was tabled in Parliament.
Background Information
The “Daily Nation” was sued for publishing an article arising from a Public Investments Committee hearing. The newspaper denied that it had acted maliciously when it published the story on 21 August 2001.
