Chief Justice Willy Mutunga at a past event. FILE PHOTO | PHOEBE OKALL |
NATION MEDIA GROUP
Chief Justice Willy Mutunga has lodged a first-of-its-kind suit
against a local media house for publishing what he calls a defamatory
story about him last year.
Dr Mutunga said the story
was not only false and malicious but also highly defamatory of him, both
as a person and as the head of the Judiciary and president of the
Supreme Court.
He said the words used in the article that appeared in the Nairobian,
a publication of the Standard Group Ltd, were meant to imply that he
was a person who not only disobeyed court orders but was a serial
defaulter in meeting his legal obligations.
The Chief Justice said that it also meant he had subverted the very Constitution he had sworn to uphold and protect.
The
article, he said, could be understood to imply that he was not fit to
be the Chief Justice of the Republic of Kenya and ought to be removed
from office under the relevant provisions of the Constitution.
“I
verily believe that the Standard Group Ltd’s unwarranted attack on my
character and disposition is calculated to strike at the heart of not
only all that I stand for but it is also impish declaration on my
unsuitability as Chief Justice and President of the Supreme Court of
Kenya,” said Dr Mutunga in court papers.
SERIOUSLY DAMAGED
He
claims that the newspaper implied that, by virtue of his office, there
had been unexplained instances of delay in conclusion of pending
applications on matters touching on him because he had used his position
to procure the delay of such cases.
He said that by
falsely and maliciously publishing the defamatory words, the Standard
Group Ltd’s sole intention was that the same be consumed by the general
public as truth and fact.
Consequently, his reputation has been seriously damaged both locally and abroad due to the Nairobian’s wide circulation in print and online, and that he had suffered considerable distress and embarrassment.
Dr
Mutunga is seeking general damages for libel, exemplary damages for
malicious libel, general damages for malicious falsehood and a permanent
injunction restraining the Standard Group Ltd from further publishing
similar defamatory material concerning him.
“I was
hesitant to file the suit because I expected the Standard Group Ltd to
own up to its flagrant falsity but all my efforts in this regard were
either spurned or ignored. Even with a formal demand for a full and
unqualified published apology by way of retraction of the offending
articles on arguable terms, the defendant did not honour the demand,”
says Dr Mutunga in his court papers.
The media house
has, however, defended itself, saying it did not publish a false and
defamatory article about the Chief Justice, adding that the words used
were true in substance and constituted fair comment, made in good faith
and without malice.
Standard Group Ltd further says
there were pending proceedings in cases in which Dr Mutunga was a party
and that there were claims made against him in one of the cases.
“The
defendant denies being actuated by malice or any other untoward
intention in the writing, printing and publication in regard to the
alleged claim of injury to Dr Mutunga, professionally or otherwise as
claimed in his court papers,” Standard Group Ltd said in its defence.
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