Court dismisses MCK efforts to overturn judgement on defamation case filed by journalist

A court sitting in Siaya has dismissed the Media Council of Kenya’s (MCK) application seeking to overturn a judgment that awarded a journalist Sh3 million in a defamation case.

On September 4, 2024, Magistrate Christabel Maiyo ordered MCK to pay former Star newspaper correspondent Josiah Odanga for damages.

The council was also ordered to apologize and retract statements that defamed Odanga.

Through its lawyer Denis Kuloba, MCK sought to have the judgment dismissed claiming that the judgment was irregular.

According to an affidavit of service sworn by Mr Odanga’s advocate Christine Mumbi Kiume, the pleadings and summons to enter an appearance were served on the MCK on June 3, 2024, via its official email address.

However, the media regulator 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 Mr Odanga's lawyers was received by a "layman" who operates it's official mail daily but misfiled it by forwarding to the Media Complaints Commission presuming that it was a complaint to the commission.

At the time, the commission had no commissioners.

However, the magistrate dismissed the MCK submissions, saying that Mr Odang "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 council has 30 days to appeal the decision.

Odanga, who was an employee of Radio Africa Group, filed a lawsuit against the MCK due to press statements issued on January 23 and 25, 2024.

These statements accused him of unprofessional conduct, specifically alleging that he solicited bribes in exchange for favorable news coverage.

These accusations, which were published widely, led to the suspension of his journalism accreditation and caused significant damage to his professional reputation.