A Nakuru businessman and the Judicial Service Commission have asked the High Court to dismiss defamation claims by a lawyer.
Lawyer Wilfred Konosi sued businessman Majid Mohamed for writing a complaint to the JSC. JSC is named as third party in the case.
Konosi had applied for the position of a judge at the Environment and Lands Court in 2019 and was among the applicants shortlisted for the interviews.
JSC then invited public members to make available, in writing, any information of interest to it about any of the applicants for the position of a judge.
In a letter dated May 27, 2019, Majid wrote to JSC indicating Konosi was not suitable for the position of a judge terming him a land grabber who had swindled people of their parcels of land and had cases pending in court over land matters.
On July 17, 2019, Konosi appeared before the JSC panel for the interview for the position of judge and was put to task over the claims by Majid.
Konosi, in the suit filed against Majid, said the words he used in his letter meant he is fraudulent and a thief, among other things.
“The defendant (Majid) published the words complained of knowing that they were false, or recklessly as to their truth or falsity, having calculated that the benefit to him would outweigh any compensation payable to the plaintiff,” Konosi stated in the suit he filed in 2020.
Konosi is seeking general, exemplary, and aggravated damages for libel and malicious falsehood and wants the court to issue a permanent injunction restraining Majid from further publishing or causing to be published the alleged defamatory words.
JSC in response to the suit filed by Konosi on Tuesday during the hearing before Judge Hedwig Ong’udi called for the dismissal of the case.
JSC Acting Registrar Isaac Wamasa confirmed it received a letter from Majid concerning the suitability of Konosi.
Wamasa said an individual writing such a letter was serving his civil, legal, and moral duty and JSC had a corresponding interest and duty to receive it.
The letter, according to Wamasa, was privileged and did not amount to publication for purposes of defamation.
JSC, he said had an obligation to receive the letter from Majid but had no obligation to ensure that any information or evidence it received from Konosi remained confidential and anonymous in the circumstances of the matter.
“The letter was neither privileged nor confidential as between the third party and the defendant as the third party’s duty in law is paramount and is executed in the public interest,” read the response by JSC in part.
JSC said any statements made in the context of proceedings are privileged and protected by law.
The commission dismissed Konosi’s claim that he lost the position on account of the complaint by Majid.
Majid on his part maintained the contents of his letter were true. He revealed that Konosi wrote to him a demand letter which he responded to.
