Kimilili MP Didmus Barasa ordered to pay ex-PS Sh7.5 million for defamation
The court further issued an injunction restraining MP Barasa, whether by himself, his servants or agents, from uttering, publishing, or causing to be uttered or published any words whose import or effect will be to defame Wamoto.
Kimilili Member of Parliament (MP) Didmus Barasa has been ordered to pay former Permanent Secretary (PS) Patrick Wamoto Sh7.5 million for defamation.
Milimani Commercial Senior Principal Magistrate SK Njoro ruled that Barasa defamed Wamoto by claiming that the former PS was sidelined by the Public Service Commission (PSC) due to financial malpractice linked to the Kenyan embassy in Tokyo, Japan.
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"This Court finds that Wamoto has proved his case on a balance of probabilities," said the magistrate.
Magistrate Njoro found that Barasa's statements were false and defamatory and that the MP failed to give any valid defence. "Therefore, judgment is hereby entered in favour of Wamoto against Barasa," the court ruled.
He ordered Barasa to offer a written and unequivocal apology addressed to Wamoto. The court ordered that the apology should be made 30 days from the date of the judgment.
"The apology should also be published and broadcast through Sulwe FM Radio at the same prime time as the original defamatory statements."
The court further issued an injunction restraining the MP, whether by himself, his servants or agents, from uttering, publishing, or causing to be uttered or published any words whose import or effect will be to defame Wamoto.
The diplomat sued Barasa seeking various reliefs against him over defamatory statements made on or about October 25, 2019, during the Endekhelo Live talk show on Sulwe FM Radio.
Wamoto said that as a former ambassador and PS in the Ministry of Foreign Affairs, serving as a commissioner at PSC when the defamatory statements were made, he was a distinguished public servant.
During the Sulwe FM interview, Barasa claimed he intervened to convince PSC to confirm Wamoto's appointment.
According to Wamoto, the allegations implied his appointment was a result of lobbying and influence peddling rather than merit.
The ambassador contended that the statements were false, malicious, and intended to damage his reputation as a public officer and diplomatic professional, thereby lowering his standing among right-thinking members of the public.
"The alleged defamatory statements, as translated from Bukusu, include accusations that Wamoto's nomination to the PSC was initially rejected due to financial malpractices linked to the Tokyo Embassy in Japan", court documents state.
The court heard that despite demands for a retraction and apology, Barasa remained unapologetic.
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