Jillo Kadida
1 May 2008
Nairobi — A media house has been ordered to pay retired Court of Appeal judge Mr Justice A. B. Shah Sh7 million for defamation.
"I should say that we should cherish the freedom of the press. But in so doing, we must also cherish the truth, for freedom cannot thrive in an atmosphere of irresponsible journalism," said the judge in his judgment against the Standard Limited.
High Court judge Mr Justice John Khamoni said irresponsible journalism has consequences and increasingly courts are not letting it go uncensured.
High amounts
He said in those circumstances the media should not complain about high amounts in damages courts may award to successful complainants.
The judge was giving his decision in a case filed by Mr Justice Shah against the Standard newspaper and one of its writers Mr Njonjo Kihuria.
The retired judge took issue with an article published by the newspaper concerning the Ringera Report, which saw 23 judges suspended and 82 magistrates sent packing over corruption allegations.
However, some of those suspended judges have been cleared and are serving in the judiciary.
The retired judge said the story carried by the newspaper damaged his reputation.
The retired judge said the Ringera Report came after he had lost his daughter and, therefore, was still in shock. He said he found himself already convicted and sentenced and as a result retired in haste.
After his retirement, he said, he made an application to the Law Society of Kenya for a renewal of his practising certificate so that he could offer legal services.
He was given the certificate and he started practising.
It was after his issuance with the certificate that the newspaper published the story.
The newspaper, in its defence, said the words contained in the story it published were facts and true in substance.
Standard also said the story was a fair comment on a matter of public interest as the public had a right to know any transaction involving the judiciary.
It asked the court to dismiss the claims made by the retired judge.
However, Justice Khamoni said there was no doubt that the story published by the newspaper injured the reputation of the retired judge and lowered his esteem in society.
Kenya judiciary
In his decision, Justice Khamoni further said the security of tenure for judges in the Kenya judiciary is no better than that of a casual labourer on the streets of Nairobi.
"Majority of lawyers, including human rights activists, close their eyes to all the corruption, graft in the Kenyan society in which they are immersed and stuck to turn inciters and mob justice leaders against an influenceless single institution in the name of the judiciary," said the judge.
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