This is as the country’s premier media regulator suffered another blow after the Siaya court dismissed, with costs, its application that sought to set aside the judgment that saw Odanga awarded the millions.
The Media Council of Kenya (MCK) has expressed its intention to appeal at the High Court a decision by the Siaya Magistrates Court to award Ksh3 million in total damages to Josiah Odanga, a journalist who was attached to Radio Africa Group’s The Star Newspaper.
This is as the country’s premier media regulator suffered another blow after the Siaya court dismissed, with costs, its application that sought to set aside the judgment that saw Odanga awarded the millions. This is after he moved to sue MCK for defamation.
Magistrate Christabel Maiyo had on September 4, 2024, ordered the MCK to pay the said amount in general and aggravated damages, apologize and retract statements that defamed Odanga.
The MCK, through its lawyer Denis Kuloba and the registrar of regulatory affairs, Terence Bavon Minishi, had sought to have the judgment dismissed claiming that the judgment was irregular.
Siaya County-based Radio Africa Group correspondent Josiah Odanga. /THE STAR
According to an affidavit of service sworn by Odanga’s advocate, Christine Mumbi Kiume, the pleadings and summons to enter an appearance were served on the Media Council on June 3, 2024, via its official email address.
However, the MCK failed to enter an appearance and submitted, in the Notice of Motion, that the proceedings went on without their knowledge.
The MCK had submitted that the email from Odanga’s lawyers was received by a “layman” who operates its official mail daily but misfiled it by forwarding it to the Media Complaints Commission presuming that it was a complaint to the commission. At the time, the commission had no commissioners.
However, the magistrates dismissed the MCK submissions, determining that Odanga “should not suffer prejudice because of the negligence of the defendant”.
The MCK has indicated that it will be appealing the decision in the High Court. The Magistrate nonetheless granted the MCK a 30-day leave staying the execution of the judgement for the appeal to be effected.
On October 10, 2024, 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.
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.
The ruling set a huge precedent in Kenyan journalism and saw the tables turned against MCK, which is like the principal body for all journalists and media practitioners in the country.
