In a landmark ruling, the Siaya Magistrate Court awarded journalist Josiah Omolo Odanga Ksh. 3 million in damages after finding the Media Council of Kenya (MCK) liable for defamation. The case, filed by Odanga in May 2024, revolved around two press statements issued by MCK in January 2024 that falsely implicated him in unprofessional conduct.
The statements severely damaged his reputation, leading to his indefinite suspension from employment.
The court found that MCK’s actions were premature and defamatory, as investigations into the matter were incomplete when the statements were published.
In her judgment delivered on September 4, 2024, Resident Magistrate Christabel Chepchirchir Maiyo ruled that MCK’s publications were malicious and without basis, falsely portraying Odanga as dishonest and unprofessional. As a result, Odanga’s career suffered, and he was unable to secure employment in journalism.
The court ordered MCK to issue a public apology to Odanga and retract the defamatory statements. It further awarded him Ksh. 2 million in general damages and an additional Ksh. 1 million in exemplary damages, citing the gravity of the libel and the refusal of MCK to offer an apology despite repeated requests.
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Odanga, who had been a journalist for five years, expressed relief at the court’s ruling, stating that his reputation had been unjustly tarnished. The case serves as a reminder of the responsibility of media bodies to verify facts before making public statements, especially when the reputation and career of an individual are at stake.
This judgment marks a significant victory for journalists in Kenya, underscoring the need for fairness and accountability in the treatment of media professionals by regulatory bodies.
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