Radio Africa Limited has been slapped by the court to pay Charles Mugane an advocate of the high court Sh 4.5 million as defamation damages.
- The lawyer who is practising his profession in Nairobi complained on July 13, 2023, against Radio Africa Limited and Peninah Wambui a journalist from the organization.
- The facts of the case were that on March 14, 2023, the accused persons published or caused to be published on the online version of Mpasho News an article titled “3rd rate Kampala-trained’ Ahmed Nasir Shades Fatxo’s lawyer” the subtitle of the article being, “Fatxo is being represented by lawyer Charles Mugane.”
The facts of the case were that on March 14, 2023, the accused persons published or caused to be published on the online version of Mpasho News an article titled “3rd rate Kampala-trained’ Ahmed Nasir Shades Fatxo’s lawyer” the subtitle of the article being, “Fatxo is being represented by lawyer Charles Mugane.”
In affirming his evidence, Mugabe told the court that the article was published to the general public on the Mpasho News website and also on the Facebook page of Radio Africa Limited where the information was intended for consumption by the public.
He also added that the publication went on to sensationally report that the City Lawyer Ahmed Nasir termed DJ Fatxo’s lawyer as the 3rd-grade representative with the article contending that DJ Fatxo was the one doing most of the talking despite the severity of the case against him and therefore the use of the words ‘Fatxo is represented by Charles Mugane just after the sensational headline.
He further added that the words were malicious and scandalizing meant to injure his professional practice as an advocate of the high court of Kenya with sole intention to defame him knowing very well the publication was false and reckless which intended to ruin his profession as the advocate.
The lawyer maintained that the words were defamatory and said that the words were understood in their ordinary meaning that was unprofessional, incompetent ill-trained and incapable of rendering sound professional services and that he was incapable of providing adequate legal representation whatsoever.
“The accused remained unapologetic about the defamatory material relating to him even after being aware of its falsity” read part of his complaint.
During the time of making the said publication, Mr Mugane was not representing DJ Fatxo in the death of Jeff Mwathi who died in his house last year.
It was on that ground he claimed general damages for libel against the accused.
In defence, Peninah Wambui a lifestyle journalist in the said organisation admitted to having written the contested article and denied that the information was inaccurate and factually incorrect.
In her testimony, she defended herself claiming she was not aware that the complainant was not the lawyer representing DJ Fatxo at the time.
Again she added that she failed to understand the true meaning of the words before publishing the article maintaining that the complainant was not mentioned in the tweet.
In delivering the judgement the Milimani Commercial magistrate Rawlings Musiega stated that the complainant has proved beyond reasonable doubt that the words used in the tweet maliciously tend to injure his reputation as an advocate,
“The complainant in this matter has proved beyond reasonable doubt the words used in the tweet were meant to injure his reputation,” said Musiega.
Consequently, the judgment was entered in favor of the plaintiff against the defendants jointly where they were required to pay general damages amounting to Sh 4.5 million.