(NDIMA/IFEX) – On 1 July 1998, the Kenya High Court, sitting in Nairobi, restrained “The Post on Sunday” magazine from publishing any matter touching on Nairobi businessman Joshua Kulei. The interim injunction was issued by High Court judge Roselyn Nambuye after Kulei’s advocate, Simon Chepsiror Lilan, successfully applied for the injunction. The court ordered the […]
(NDIMA/IFEX) – On 1 July 1998, the Kenya High Court, sitting in Nairobi,
restrained
“The Post on Sunday” magazine from publishing any matter touching on
Nairobi businessman Joshua Kulei. The interim injunction was issued by High
Court judge Roselyn Nambuye after Kulei’s advocate, Simon Chepsiror Lilan,
successfully applied for the injunction.
The court ordered the application be heard inter-parties on 20 July 1998.
The Post Limited has been named as the first defendant, while Anthony
Gachoka, the editor of the magazine, is the second defendant.
In a separate case, Deputy State House Comptroller John Lokorio has sued
“The Star” newspaper for libel. Lokorio is seeking judgment against the
newspaper’s Managing Director, Francis Wanderi, Editor-in-Chief Magayu
Magayu and News Editor Kamau Ngotho. In his suit, filed through lawyer
Donald Kipkorir, Lokorio prays to the court to award him damages against the
paper for aggravated damages.
Lokorio also prays to the court for costs of the suit and any other further
relief the court deems fit. The suit arises out of words published in the
paper’s 23 June – 25 June 1998 edition, under the headline “Moi loses Grip
on State House – Kipsigis Flushed Out as V-P Race Hots Up.”
He said further libel arises from the 30 June – 2 July edition, the headline
“State House Bosses Defy Nyachae Order.”
Lokorio says that the stories in the two editions have made him appear as
criminal and/or guilty, and make him appear as though he should be charged
with the following offences, among others:
1. Promoting feelings of ill will and hostility between different
Kenyan tribes.
2. Abuse of office by doing arbitrary acts prejudicial to the rights of
those employed in the State House.
3. Conspiracy with others in and outside State House to mislead the
President on the reputation of persons working or having worked in State
House to have them dismissed or transferred.
4. Stealing by public servant, by making false and fraudulent claims.
5. Corruptly soliciting or receiving financial assistance from an
alleged businessman of Asian origin without lawful consideration whilst a
public servant.
He further said the words were meant to be understood that he is not a loyal
and obedient public servant, but a puppet of manipulative forces in and
outside State House. Lokorio also notes that the implication is that he is
unfit to be employed in State House, both as Deputy Comptroller and an aide
to the President.
On 29 June 1998, the editor of “The Star” newspaper, Mr. Magayu Magayu,
and
the managing director of Star Publishers Limited, Mr. Francis Mathenge
Wanderi, were arraigned in a Nairobi court and charged with publishing an
alarming publication. The writers also faced two other charges of failing to
execute bonds for printing and publishing (see IFEX alert of 30 June 1998).
