(NDIMA/IFEX) – According to NDIMA, the High Court sitting in Nairobi has issued an order restraining the owners of “Finance” magazine from publishing, or permitting or causing to be published, an article which was published in the magazine’s 5 April 1998 issue. The Court described the article as “injurious falsehoods.” The civil suit (#828 of […]
(NDIMA/IFEX) – According to NDIMA, the High Court sitting in Nairobi has
issued an order restraining the owners of “Finance” magazine from
publishing, or permitting or causing to be published, an article which was
published in the magazine’s 5 April 1998 issue. The Court described the
article as “injurious falsehoods.” The civil suit (#828 of 1998) was filed
by Samuel Kamau Macharia (the Plaintiff), a prominent businessman. The order
restrains the magazine, its owners and publishers, from publishing more
articles touching on and concerning the Plaintiff and/or members of his
family. “Finance” is owned by Njehu Gatabaki, who is the Member of
Parliament for the Githunguri Constituency of Central Province.
The Court also ordered Gatabaki, Finance Institute Limited and Finance
Journal not to publish, print, distribute or cause or permit to be
published, printed and/or distributed, the injurious falsehoods touching on
and concerning the Plaintiff in the 13 April 1998 issue of “Finance”, or in
any other issue of the magazine.
The defendants, their agents or servants, were also restrained from
discussing, canvassing uttering, or mentioning in any way whatsoever
relating and/or connecting the purported resignation by David Wakairu
Murathe as the Member of Parliament for Gatanga Constituency to the
Plaintiff and/or the Plaintiff’s pending Nairobi High Court Election
Petition No 11 of 1998. The order and application is to be served upon all
the defendants for an interpartes hearing on 29 April 1998.
Further notice stated that should any of the defendants contravene the
order, they shall be held in contempt of Court and may be fined or
imprisoned for a period not exceeding six months.
