Nairobi — A judge has declined to bar a local media house from broadcasting a programme alleged to be defamatory.

Mr Justice Michael Khamoni, however, certified the application by Mohammed Sheikh Abdirhaman and Mohammed Ahmed Hussein as urgent and directed their lawyer to serve Standard Group and two of its reporters with the suit papers.

The businessmen moved to court accusing two reporters of the Kenya Television Network (KTN) of airing the programme titled The port of impunity yet it was based on malice and untrue allegations.

Through lawyer Ashford Muriuki, the businessmen wanted the court to stop airing the programme saying it was injuring their reputation. Justice Khamoni declined saying that since they have sought to be paid for damages in the suit, they would be awarded if they manage to prove it.

The Judge directed Mr Muruiki to serve the papers upon the respondents ahead of inter-partes hearing on December 7.

They argued that their businesses were bound to suffer losses unless the programme was stopped.

The businessmen accuse the two reporters of obtaining the story through trickery, falsehood, misrepresentation and illegal means. They further argued that the programme was being aired without giving them a fair hearing.

According to the two, they have not evaded paying tax, excise duty and any other statutory expenses as alleged.

They accuse the journalists of coercion and threats in order to get the story.