By Mwakilishi
The High Court in Nairobi has awarded Teso North MP Arthur Papa Odera Ksh 5 million in a defamation case against a Facebook user Peter Ekisa.
It is reported that Ekisa had accused Odera of misusing Uwezo Funds on his Facebook post between February and March 2014.
In his submission, the MP claimed that Facebook had international traction hence was detrimental to his image.
“The defendant also ought to have known that the false publication would tarnish the plaintiff’s image and would disparage him both economically and socially. All the negative implications were said to be advanced under Order 2 Rule 7 of the Civil Procedure Rules,” read the ruling in part.
“Article 33 and 34 of the Constitution cannot aid the defendant in this matter even if he were to claim enjoyment of the freedom of the media. That freedom is subject to the limitations provided by the Constitution which include the need to respect the rights and freedoms of other individuals.”
The plaintiff claimed that his demand to have the post removedbore no fruit saying the defendant ignored a notice of intention to sue.
“The record shows that the defendant was served with summons to enter appearance but failed to do so or fileany defence.”
“In the ordinary meaning of the offending words, there is no doubt whatsoever that they are extremely defamatory of the plaintiff,” stated Judge Mbogholi Msagha.
He stated that: “In my judgment the plaintiff has proved his case against the defendant and is therefore entitled to damages. I have already stated the plaintiff’s public standing in society and more particularly in the eyes of the people he represents in Parliament.
“There is no doubt whatsoever that the allegations were serious and may have serious repercussion in his future political life.”
The court ruled that the defendant must pay the MP Ksh 2 million general damages, Ksh 1.5 Million exemplary damages and Ksh 1.5 Million aggravated damages, totalling to Ksh 5 million.
The defendant has also been asked to foot the cost of the suit.
The ruling sets precedence in the country where cases of personal attacks on social media have become rampant.
- Citizen Digital
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