(NDIMA/IFEX) – On 4 March 2003, the Kenyan High Court halted an attempt by Nicolas Biwott to seize the printing press of “The People Daily” newspaper over a Kes 23 million (approx. US$300,000) libel award. Biwott is a former powerful cabinet minister and current opposition member of parliament. Justice Gideon Mbito stopped Eastern-Kenya Auctioneers, acting […]
(NDIMA/IFEX) – On 4 March 2003, the Kenyan High Court halted an attempt by Nicolas Biwott to seize the printing press of “The People Daily” newspaper over a Kes 23 million (approx. US$300,000) libel award. Biwott is a former powerful cabinet minister and current opposition member of parliament.
Justice Gideon Mbito stopped Eastern-Kenya Auctioneers, acting for Biwott, from taking over the newspaper’s Nairobi printing plant until a constitutional appeal has been heard. He asked lawyers to serve notice to Biwott and the attorney-general so that the case can be heard on 7 March.
“The People Daily” lawyers James Orengo, Gitobu Imanyara and James Gathaiya went to court under a certificate of urgency. They said Biwott wanted to “paralyse” the newspaper, and that by seeking to seize the plant he was infringing on the newspaper’s constitutional rights. The lawyers are asking that a section of the Defamation Act be declared unconstitutional and the large amount awarded to Biwott be overturned on the grounds that it is contrary to the public interest.
Kalamka Ltd., which publishes “The People Daily”, had been given until 5 March to pay Biwott. Auctioneers advertised the press and its accessories, a compressor, a generator and the land on 26 February.
Background Information
The Kes 23 million was awarded to Biwott by Judge Joyce Alouch on 22 March 2002. She found “The People Daily” guilty of defamation in connection with an article about the controversial Turkwell Gorge hydroelectric dam. The newspaper and its former editor-in-chief, George Mbuguss, were found liable. Judge Alouch also barred the newspaper from publishing further “libelous information” about Biwott, who was trade and industry minister at the time. She said the Turkwell Gorge story, which was published on 10 March 1999, portrayed Biwott as corrupt, dishonest and fraudulent. The newspaper had reported on the signing in France of a government contract for the construction of the Turkwell Gorge project.
