(NDIMA/IFEX) – On 7 September 2001, Nairobi-based Nation Media Group was ordered by the High Court to pay a Nairobi lawyer Kshs. 10.2 million (approx. US$131,000) for libel. Justice Kasanga Mulwa ruled that the media group, which publishes the daily “Nation”, the largest circulating English daily, had defamed advocate John Patrick Machira in a picture […]
(NDIMA/IFEX) – On 7 September 2001, Nairobi-based Nation Media Group was ordered by the High Court to pay a Nairobi lawyer Kshs. 10.2 million (approx. US$131,000) for libel.
Justice Kasanga Mulwa ruled that the media group, which publishes the daily “Nation”, the largest circulating English daily, had defamed advocate John Patrick Machira in a picture caption published in 1995. Justice Mulwa ordered that the lawyer be paid Kshs. 8 million in compensatory damages, Kshs. 2 million in aggravated damages and Kshs. 200,000 as a pecuniary award, instead of an apology.
The Nation Media Group has filed an appeal against the judgement. Machira had asked for Kshs. 32.7 million (approx. US$415,080) in compensation. The award is the highest ever decided upon by a Kenyan court against a newspaper and the second largest in any local libel case. Machira sued the Nation Media Group in 1996, following a picture caption which suggested that Grace Wahu Njoroge had assaulted him in a disagreement over money.
Machira said the woman was not his client but had bought a piece of land from him. Machira said that the woman confronted him in the law courts library and created a scene, which was witnessed by journalists.
Machira said he presented documents to the Nation Media Group concerning the land deal, but claimed the group did not correct the misleading caption. On 7 September, Justice Mulwa remarked, “The correction was made more than a week after the publication with the knowledge that it was false.” The justice had no doubt in finding the publication malicious.
Justice Mulwa said the Nation Media Group had given the readers the wrong impression by suggesting that Wahu was an unhappy client of Machira’s, as a result of which she assaulted him. Machira said he had been portrayed as an advocate escaping from his clients who could only be stopped by physical assault.
