Why media regulator was ordered to pay journalist Sh3m in defamation suit

In the press statements, the MCK condemned Mr Odanga, alongside two others of alleged misbehaviour during an event to distribute bursary forms at Karariw Primary School in Gem Constituency.

The media regulator proceeded to announce a termination of the press cards of Mr Odanga, George Amolo of Ramogi FM and Mary Gorety of K24.

Mr Odanga would later be suspended by his employer following an advisory of the MCK, the court papers say.

The court also heard that Mr Amolo and Ms Gorety who are accused of attacking Mr Odanga, in a separate criminal case, were not suspended from duty despite a pronouncement by the MCK.

Mr Odanga filed a case in May this year, saying that his complaints before the MCK were met with silence.

In his suit, Mr Odanga prayed for five orders. The first was a permanent injunction against MCK (respondent) from defaming, or in any way slandering or publishing any defamatory or untrue statements against him.

The journalist also sought the court to issue an order that the media regulator retract and withdraw the press statements and render an unqualified apology in terms acceptable to him and to be broadcast by the Defendant in the same prominence as the press statements.

Third, Mr Odanga wanted compensation for general damages for slander, exemplary damages for defamation and aggravated damages for defamation.

The contention arose from a press statement issued in January by the MCK terminating the press cards for three journalists who had allegedly engaged in an unethical act of "fighting for handouts" while practicing.

“The decision was revealed following a meeting between the Council and the three — Josiah Odanga (Radio Africa Group-Star Newspaper), George Amolo (Royal Media Services-Ramogi FM), and Mary Goretty Juma (Mediamax Group-K24) at the Council’s offices in Kisumu,” read the press release.

The journalists, all working in Siaya County, were involved in an alleged altercations that led to Mr Odanga sustaining injuries on his head after Ms Gorety purportedly hit him.

The statement by the MCK also stated, “Mr (David) Omwoyo (MCK Chief Executive) who led the meeting communicated to the trio and further informed their respective managing editors of the decision.”

“The aforementioned press statement led to the suspension of the Plaintiff from his place of employment indefinitely and without pay and that the defendant did not wait for the report by the police investigating the matter before making their conclusive statements that the plaintiff was engaged in a fight for handouts,” he stated in his suit.

After the suspension, Mr Odanga told the court that the damage to his reputation was gross and that it could not allow him secure employment anywhere.

Resident Magistrate Christabel Maiyo found that the publication by MCK in January 2024 was "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, such as demanding and fighting for handouts did not have a basis. The said words touched on the integrity, character and name of the Plaintiff," reads the judgment.

The magistrate added: "Considering the circumstances herein, I am convinced that a sum of Sh2,000,000 would be adequate compensation to the Plaintiff in general damages. I accordingly award the Plaintiff general damages of Sh2,000,000 against the defendant as prayed. I also award the Plaintiff the sum of Sh1,000,000 as exemplary damages, and or aggravated damages against the defendant as prayed in view of the Defendant’s failure or refusal to offer any apologies to the Plaintiff despite demand being made.”

Mr Odanga's case was supported by the witness statement of another journalist Lameck Kevin Baraza, who said that his regard for the plaintiff had subsided following the claims in the press statements.

The magistrate observed that Mr Baraza's statement was testament that Mr Odanga's reputation had been lowered before any right thinking member of the society.

The MCK Chief Executive Officer (CEO) David Omwoyo is yet to issue an official statement in line with the judgment.

This comes at a time that the MCK has been operating without a board since October 2022 due to a legal challenge.

The recruitment of the board was halted by the court following a number of cases filed to suspend the process.  Also, during the incident, the Media Complaints Commission was not in place as the term of the previous commission had expired.