City lawyer Charles Mugane has won a defamation case against Radio Africa Limited and a Journalist Peninah Wambui.
This is a Nairobi court awarded him Sh 4.5 million after he successfully won a defamation case.
Mugane had contested over a misleading publication.
Hon. Rawlings Liluma Musiega of Milimani Commercial Court in Nairobi ruled that City Lawyer Mugane proved beyond reasonable doubt that Radio Africa on March 14, 2023 published a defamatory article against him on its online version of the ‘Mpasho News’.
The article which read “3rd rate Kampala trained’ Ahmed Nasir Shades Fatxo’s lawyer” with a subtitle indicating that Dj Fatxo was being represented in Court by Lawyer Charles Mugane, according to the Court judgement was misleading and made to taint the name of Lawyer Mugane.
Lawyer Mugane averred that the impugned article was published malicious.
Mugane further averred that the publication went on to sensationally report that Lawyer Ahmed Nasir termed DJ Fatxo’s Lawyer as a 3rd grade representative with the article contending that DJ Fatxo was the one doing most of the talking despite the severity of the case against him and therefore the use of the words ‘Fatxo is represented by Charles Mugane just after the sensational headline, sought to maliciously damage his reputation.
The Court established that it was also with malicious intent that the media house failed to establish that Mugane was not trained in Kampala or any other law school in the Republic of Uganda.
The Lawyer further averred that; it was also with malicious intent that the defendants failed to establish that he was not the Fatxo’s lawyer at the time of the said tweet.
He therefore averred that the words contained in the publication by Radio Africa were scandalizing and were made out of Malevolence and spite to his professional practice as an advocate of the High Court of Kenya and with sole intention to defame him knowing very well the same were false and therefore its publication was malicious and/or reckless and it was intended to ruin his professional reputation.
Maintaining that the words were defamatory, Lawyer Mugane averred that the same were understood in their ordinary meaning that he was unprofessional, incompetent and/or ill trained and incapable of rendering sound professional services and that he was incapable of providing adequate legal representation whatsoever.
It is on that foot that he claimed general damages for libel against Radio Africa Limited and a Journalist Peninah Wambui.
“It is not in dispute that the defendant herein was the author of the impugned article that was alleged to have defamed the plaintiff. All the parties and their witnesses confirmed so during the hearing. To that extent, I find that the act of publication of the impugned article by the defendants has been sufficiently proved.” ruled Hon. Rawlings Liluma.
According to the Magistrate, the offense of defamation against city Lawyer Charles Mugane was fully established.
“In the instant case and taking into account the facts and circumstances of this case as well as the principles of law discussed herein relying on decided cases, as well as doing the best I can, the right compensation to the plaintiff is Ksh3,000,000/= as general damages and Ksh 1,000,000/= as aggravated damages, I award the plaintiff Ksh. 500,000/= damages in lieu of an apology.” said the Magistrate.
