Media Council of Kenya Chief Executive Officer (CEO), Mr David Omwoyo. PHOTO/UGC
By OLUOCH DERRICK
A Siaya court has ordered the Media Council of Kenya (MCK) to pay journalist Josiah Omollo Odanga Sh 3 million for defamation.
The ruling, delivered by Resident Magistrate Christabel C. Maiyo, mandates MCK to cease defamatory actions, retract previous statements, and issue a public apology.
Odanga, a former Radio Africa correspondent, claimed that MCK’s press releases falsely accused him of unprofessional conduct during a bursary distribution event, leading to his suspension and damaged reputation. The court found MCK’s statements to be malicious and unfounded, significantly impacting Odanga’s career prospects.
“The publication by the Defendant on the 23rd and 25th January 2024 was therefore malicious and without any basis. Malicious and without basis in view of the fact that the investigations were not complete and the fact that the allegation that the plaintiff engaged in unprofessional conduct (a fight), such as demanding and fighting for handouts did not have a basis,” the magistrate said in her ruling.
The court added that said words touched on the integrity, character and name of the plaintiff adding the words were untruthful and defamatory as they falsely linked Odanga to the vice of engaging in an unprofessional conduct such as demanding and fighting for handouts.
“And the malice on the part of the Defendant is further demonstrated by the reckless act of the Defendant of publishing the patently false statements against the Plaintiff vide a press statement that was widely circulated,” the court adds.
The magistrate said any reasonable person who would have read the said statements obviously made the conclusion that the plaintiff was involved in such vices and/or unprofessional conduct is dishonest and not deserving of any job entrusted on him.
Following the defamation allegations, the Media Council of Kenya (MCK) was ordered to take several actions. It should pay the journalist Sh 3 million in damages, which includes Sh 2 million in general damages and Sh 1 million in aggravated damages.
Additionally, the court mandated MCK to cease any defamatory actions against Odanga, retract the defamatory press statements issued on January 23 and 25, 2024, and publish an unqualified apology in a manner acceptable to Odanga, ensuring equal prominence as the original statements.
The court said the suit was undefended despite service.