MCK was further ordered to retract and withdraw the press statements and render an unqualified apology in terms acceptable to Odanga
In a huge win for Kenyan journalists, the Siaya Magistrates Court has awarded Ksh3 million in total damages to Josiah Odanga, a journalist who was attached to Radio Africa Group’s The Star Newspaper. This is after he moved to sue the Media Council of Kenya (MCK) over defamation.
According to court documents obtained by Viral Tea, Resident Magistrate Christabel Chepchirchir Maiyo awarded Odanga Ksh2 million in general damages and Ksh1 million in aggravated damages, an amount the MCK was ordered to pay.
“I am convinced that a sum of Ksh.2,000,000/= would be adequate compensation to the Plaintiff in general damages. I accordingly award the Plaintiff general damages of Kshs2,000,000/= against the Defendant as prayed,” the ruling read in part.
“I also award the Plaintiff the sum of Kshs1,000,000/= as exemplary damages, and or aggravated damages against the Defendant as prayed in view of the Defendant’s failure or refusal to offer any apologies to the Plaintiff despite demand, being made.”
MCK was further ordered to retract and withdraw the press statements and render an unqualified apology in terms acceptable to Odanga, to be broadcasted by the media regulator in the same prominence as the press statements issued on January 23 and 25, 2024.
Siaya County-based Radio Africa Group correspondent Josiah Odanga. /THE STAR
The media regulator was handed a permanent injunction which prevents it from defaming and/or slandering or publishing any defamatory or untrue statements against the scribe.
Odanga had moved to court seeking justice following an incident in which he was assaulted by colleagues while on duty. He was attacked at Karariw Primary School where Gem MP Elisha Odhiambo was distributing bursaries to needy students.
Per his previous accounts, Odanga revealed that he was among 10 journalists invited to cover his event, among them his alleged attackers. He revealed their names as Radio Ramogi reporter George Amolo and freelance writer Mary Goretti Juma while alleging that they were unhappy with him for turning up at the event which they wanted covered by a few select journalists.
“I was conversing with a colleague when Amollo came, pointing at my eyes as if to pierce them with his fingers while verbally insulting me. I implored him to calm down and make his cause of anger known without being emotional, but he refused to listen to the voice of reason,” Odanga told the media, adding “She first wanted to hit me with a camera tripod but I disarmed her before she hit my head with the camera, causing a dent that led to profuse bleeding.”
Odanga allegedly suffered a blow to the head, leaving a gaping wound and the consequent oozing of a lot of blood. Additionally, his mobile phone and smartwatch were also damaged by the wayward journalists.
He reported the matter to the Siaya Police Station on the very day of the attack and was treated at the Siaya Referral Hospital. Further, he obtained a P3 form confirming his injuries, as police in Siaya referred the matter back to the police at Yala Police Station in Gem Constituency (Gem Sub County) where the Odanga and his witnesses formally recorded statements on January 3, 2024.
Following this, Goretti was charged with unlawful assault occasioning actual bodily harm, contrary to Section 25L of the Penal Code, whereas Amollo was charged with offensive conduct – use of abusive words – with the intent to provoke a breach of the peace, contrary to Section 94(1) of the Penal Code.
MCK moved to suspend the registration of the three Siaya-based journalists, including Odanga, a matter the scribe did not take lightly, citing the rushed nature of the decision as no proper investigations had been done by the police who were mandated to investigate such criminal aspects.
“I am not happy with how MCK handled the matter with blanket condemnation without even looking at the two sides of the story,” said Odanga, who also faulted CEO David Omwoyo’s claim that the case was as a result of handouts.
While ruling on the matter, Magistrate Chepchirchir found that MCK did not wait for the report by the police investigating the matter before making their conclusive statements that Odanga was engaged in a fight for handouts and that MCK is not a body mandated to investigate crimes and could not have come to such a conclusion.
“The publication by the Defendant on the 23rd and 25th January 2024 was therefore malicious and without any basis. Malicious and without basis in view of the fact that the investigations were not complete and the fact that the allegation that the plaintiff engaged in unprofessional conduct (a fight), such as demanding and fighting for handouts did not have a basis. The said words touched on the integrity, character and name of the Plaintiff,” the ruling read in part.
“This court therefore is convinced that the Plaintiff has proved on a balance of probabilities that by publishing the aggrieved words, the Defendant defamed the character and reputation of the Plaintiff. And that the Defendant is liable to the Plaintiff in damages for defamation.”
Media Council of Kenya (MCK) CEO, David Omwoyo speaking during an executive training on strategic media and communications for the Sasra Kenya Senior management on May 20, 2024. /MEDIA COUNCIL OF KENYA