defamation.pdf - Phinehas Nyagah v Gitobu Imanyara[2013...

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Phinehas Nyagah v Gitobu Imanyara [2013] eKLR REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL SUIT NO. 697 OF 2009 PHINEHAS NYAGAH ................................................ PLAINTIFF VERSUS HON. GITOBU IMANYARA ...................................... DEFENDANT JUDGEMENT 1. By a plaint dated 22 nd December 2009 and filed in this Court on 23 rd December 2009, the plaintiff herein, Phinehas Nyagah has filed this suit against the defendant herein seeking the following orders: 1. (a) Damages for defamation (b) Compensatory damages (c) Exemplary damages (d) Costs of the Suit (e) Interest on (a), (b) and (c) above at court’s rate. (f) Aggravated damages and interest thereon at court rate 2. A declaration that the plaintiff is entitled to a retraction of the defamatory words and a suitably worded apology published in two of the widely circulated local newspaper. 3. An order of an injunction to restrain the Defendant from further uttering or causing to be uttered the words referred to in paragraph (3) hereinabove or any similar words defamatory to the plaintiff. 4. Such other relief as this Honourable court may deem fit to grant. 2. The plaintiff’s cause of action is contained in paragraph 3 of the plaint. The said paragraph states as follows: On 25/09/2009 the Defendant called a press conference and falsely, maliciously and with intent to injure the plaintiff’s reputation uttered the following defamatory words of or concerning the Plaintiff:- - Page 1/6
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Phinehas Nyagah v Gitobu Imanyara [2013] eKLR That one of the men the Defendant wants investigated over last week’s raid at his Libyan hotel room is an elder from Mbeere. That the Defendant has fingered Nyaga as the man sent by former Siakago MP Justin Muturi to do him harm. That the Plaintiff had been sent to “finish him” and said he should be investigated for his ‘dodgy behaviour” while in Tripoli. That apart from the Plaintiff, the Defendant’s life was also threatened by yet another man armed with a spray can containing an unknown substance who broke into his Bab 1 Bahar hotel. That the Defendant tried to talk to the Plaintiff but he was dodgy, he told the Defendant and others that he had been sent to Tripoli by former MP Justin Muturi. Further, the Defendant dismissed the Plaintiff’s explanation of his presence in Libya as ‘pure lies’ and said he should be thoroughly investigated. That the Plaintiff should explain how it is he checked out of the hotel at 4 am, the exact time when the Defendant’s hotel room was allegedly was being raided and further added: “If he is a genuine elder as he claimed, why didn’t he stay with the elders’ delegation at their hotel and participate in the events organised for them? Why did the organisers for the MPs delegation have to tell him on several occasions to stop misrepresenting himself as an MP and to stay with the elders’ delegation/ Was it mere coincidence that he and the two men who raided my room checked out at the same time?” That the Defendant challenged the Plaintiff to present himself to the CID for questioning if he was telling the truth.
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