Senator Gideon sues Daily Nation for defamation

Baringo Senator Gideon Moi has moved to court seeking orders to bar the Daily Nation from publishing any further defamatory statement against him.

In a suit filed at Milimani Law Courts through TripleOKLaw Advocates, Gideon is seeking a permanent injunction against the Daily Nation and journalist Vincent Achuka following an article published on January 3, 2020, linking him to the Kenya Ports Authority scandal.

The story ‘Moi firm linked to new KPA tender scam’ indicated that the Senator influenced and subverted the award of tender and procurement for Peripheral Storage Facilities for Inland Container Depot to Mitchell Cotts Limited and Nairobi Inland Cargo Terminal.

Senator Gideon has since refuted the claims that he has a connection with Mitchell Cotts Limited.

He averred he was not a shareholder in the company and did not participate in or influence the tendering process for the construction of Peripheral Storage Facilities.

"The plaintiff (Senator Gideon) does not know, has never interacted with and did not engage in conspiracy and collusion with public officers at the Nairobi Inland Container Depot to, inter alia, delay the clearance of cargo, and create business for the alleged Mitchell Cotts Limited as reported and make a killing from ensuing congestion at the Nairobi ICD," reads part of the court papers.

Despite demanding an apology and an equivocal retraction, the Daily Nation has declined and, or, refused to pull down down the website, Twitter and Facebook posts or to render an apology.

"I confirm that the said words were false and included twisted facts tinged with malice and presented as the absolute truth designed and clearly intended to disparage, belittle and injure my character and reputation as a senator, State officer and businessman with interest both within and outside Kenya in the eyes of the public," stated the senator.

The senator in the suit is seeking a declaration that the words published in the newspaper are not only false but also defamatory and malicious.

He is also seeking an order directing the Daily Nation and Achuka to publish a suitable and fitting apology given as much prominence as the defamatory publication in the front page of the next edition of the Daily Nation Newspaper.

Further that there be an order directing the Daily Nation to fully retract the text and tenor of the offending publication.

"The plaintiff prays for judgement against the defendants jointly and severally for an order directing them to pull down the online version of the publication appearing in the Daily Nation website as well as on Twitter handle and Facebook Account," read the suit papers.

Gideon is also seeking general damages for libel, exemplary damages and aggravated damages for defamation.