Nyali MP Mohammed Ali alias Moh Jivho Pevu is laughing all the way to the bank after a court awarded him Sh1 million in a defamatory case against The Star newspaper.
The Radio Africa Group-owned daily had on March 10, 2018, published an article with the heading ‘Mohamed Ali caught up in CDF Bursary Scam, as he fires three’.
The local paper had claimed Moha was under investigation by the Ethics and Anti-corruption Commission (EACC) over embezzlement of the Constituency Development Fund (CDF).
In June 2018, Mohammed Ali sued the Star for defamation saying the article dented his credibility, profession, and reputation.
He also indicated he had never been investigated by the EACC nor did he have any power to fire any personnel of the CDF committee.
Milimani Resident Magistrate S. Gitonga ruled that the Star had misrepresented the facts in a story.
Noting that the publication issued a correction and apologized to Moha, the magistrate ordered the Star to pay for the damages caused by the initial publication.
“Based on the foregoing and owing to the fact that the plaintiff was afforded a right of reply and a clarification was published on May 11 and 12, 2019, which sought to make clarifications and directly apologised to the plaintiff, and taking into consideration the provisions under section 16 A of the defamation Act Cap 36 of the Laws of Kenya, I award the plaintiff a sum of Ksh1 million as general damages for the tort of defamation,” ruled the judge.
The defendant was also ordered to foot the cost of the suit.
Mohammed Ali later took to social media on Thursday to announce the ruling.
“I have been awarded Ksh 1 million over a publication that was carried by the star in which the newspaper alleged that I had been caught in the embezzlement of CDF funds. The story was found to have been defamatory. For the young upcoming Journalist deal with the facts like we did,” he tweeted.
