The Star Newspaper on Thursday suffered a major blow after a Kisumu court dismissed an application seeking to stay the execution of a Judgment in a defamation case.
Justice Anne Omollo, a Mombasa based Judge sued the newspaper in 2015 after it published two articles that she deemed defamatory.
Kisumu High court Judge Esther Maina who heard the case in December last year, awarded Justice Omollo Sh6 million in damages, and ordered the publication to run an apology for 3 consecutive days besides slapping it with the costs of the case.
“The ruling in this matter is very brief and it is that the substantial loss has not been demonstrated, the application therefore has no merit” Justice Maina ruled on Thursday.
The articles published by The Star had implicated Justice Omollo in a Sh1.6 million scandal contained in an ODM party task force report.
Justice Omollo insisted that the articles had tarnished her name and also caused her ridicule in her course of duty as a Jurist.
The Star’s advocate Gabriel Mwangi had, however, indicated that the articles by his clients were never meant to defame the Judge.
“The cost they have also awarded us are very high. The country needs to amend its law on defamation, it is currently very punitive for minor offences that would otherwise receive small or no punishment in advanced democracies,” stated Mwangi.
These are the excerpts from the articles that put The Star in trouble with Justice Omollo:
“On June 9, 2014, a sum of Shs.1,620,000 was remitted to a bank account of one Ms Anne Omolo by FACTOR CONNECT. Ms Omolo is said to be a Senior jurist and close friend of the Speaker.
“A judge denies she received Sh1.6 million cited in Kisumu task force report. A judge mentioned in the ODM task force report on financial improprieties in the Kisumu County Government has distanced herself from the report. Justice Ann Omolo denied knowledge of sh.1.6 million said to have been deposited into her account irregularly on June 9, Sh1, 620,000 was remitted to Omolo’s account by Factor connect. Omolo is said to be a senior jurist and a close friend of the speaker,” the articles read in part.