My husband influenced 'defamatory' newspaper story about me – Eldoret Resident Magistrate

Eldoret Resident Magistrate Diana Wikunza Milimu has sued The Star Newspaper for defamation, based on allegations levelled against her in marital row documents.

Milimu enjoined her spouse, Edwin Wawire Wafula, in the defamation case filed at the Kakamega Law Courts.

The said-defamatory story was published on October 11, 2019.

“My husband supplied The Star Newspaper with my photos and incited them to write a screaming story about myself. I have been hurt as a public official, and I believe the story wouldn’t have been published had my husband not influenced its publication,” said Milimu on Thursday, August 12.

Milimu and Wawire, who is a lawyer, are in court over a marital row, in which Milimu is seeking to have her relationship with Wawire recognised as a legitimate marriage.

Wawire, on the other hand, alleges he was never married to the magistrate, whom he met in 2012, when she was a Second-Year student at Moi University.

Wawire’s lawyer, Derrick Mango, asked Milimu to produce evidence showing how his client influenced publication of the story on The Star Newspaper.

According to Mango, his client was not a member of The Star’s editorial team, and, therefore, it would be “far-fetched” to think Wawire had the powers to determine what story gets published in the paper.

“I don’t have evidence to that effect, but I know he (Wawire) is the one who started it all,” said Milimu.

“Does Wawire work for The Star Newspaper? Does the story bear his byline? Does he own a media house that published what you allege to be a defamatory article about you?” asked Mango.

“No, my husband is not a journalist, and he doesn’t own a publishing company,” responded the complainant.

On its part, The Star, through lawyer Mercy Gichoya, tasked Milimu to demonstrate how the story was defamatory, yet its contents were obtained from court documents.

The complainant referred to the story’s headline in her response.

“I have filed for divorce from my spouse. That’s a fact. Until the court pronounces itself on the matter, it remains unfair to call me a single woman,” she said.

The Star stated its writer, Hilton Otenyo, relied solely on court documents to write the story, and nothing outside court proceedings found its way into the article.

“As a magistrate, I want you to confirm or deny whether court reporting is privileged (not subject to litigation)?" Gichoya asked the complainant.

“Yes, it is privileged, but The Star was extreme with the quotes. They could have checked around to prove some of the allegations my husband made about me in the court papers,” said Milimu.

The respondent’s lawyer, Gichoya, said The Star was innocent, and that it operated within the law on coverage of court proceedings.

“The newspaper did not call sources outside court for additional information on a matter that was before a court of law,” said lawyer Gichoya.

Milimu produced her colleague at the Eldoret Law Courts, Senior Resident Magistrate Christine Menya, to testify about her (Milimu’s) “good” character, which was “contrary to what her husband had alleged, as per The Star story”.

Menya said she had known Milimu for four years, and all through she exhibited good morals.

The complainant sued The Star and her husband for unspecified damages for reputational harm as a result of the October 11, 2019 story.

Milimu further wants the newspaper prohibited from publishing subsequent “defamatory” stories about her, and also pull down the online version of the October 2019 story.

The case will be mentioned on September 27 when the court will give directions on when the hearing will continue, Kakamega Principal Magistrate Joseph Ndururi directed.