Kimilili MP Didmus Barasa and former PS and Ambassador Patrick Wamoto, who sued the lawmaker for defamation.
Kimilili Member of Parliament Didmus Barasa has been ordered to pay former PS and ambassador Patrick Wamoto Sh7.5 million for defamation.
Milimani principal magistrate S.K. Onjoro further directed the MP to offer an apology to Mr Wamoto, through the same vernacular radio station, where he made the claims almost six years ago.
Mr Wamoto said Mr Barasa claimed that he intervened and convinced a parliamentary committee to confirm his appointment as a commissioner for the Public Service Commission (PSC).
Former PS and ambassador Patrick Wamoto.
The court agreed with Mr Wamoto that the statements made implied that he was not qualified and that he secured the job through manipulative assistance.
“As a result of these defamatory statements, the Plaintiff's (Wamoto’s) reputation was injured, and he is entitled to compensation and other reliefs,” said the magistrate.
The former ambassador and later Permanent Secretary in the Ministry of Foreign Affairs said he was a distinguished public servant spanning 34 years.
Mr Wamoto was a commissioner in the PSC when the MP made the claims.
Mr Barasa admitted attending the live talk show on October 25, 2019, at a local FM station and confirmed that the voice and utterances in the audio recording, which were produced in court as evidence, were his.
During cross-examination, Mr Barasa confirmed that he was unaware of any criminal cases or scandals against Mr Wamoto.
Mr Barasa said the statements made in his Bukusu dialect were based purely on hearsay information acquired from another MP, and that they were misinterpreted and understood out of context.
It was his defence that Mr Wamoto did not suffer any damages.
The magistrate noted that the statements, broadcast on a vernacular radio station widely listened to and streamed online, undoubtedly lowered Mr Wamoto’s reputation among right-thinking members of society.
“The Plaintiff's testimony of receiving numerous calls from concerned listeners corroborates the damage to his reputation,” said the magistrate.
The magistrate added that Mr Barasa’s conduct throughout, including his recklessness in making unsubstantiated claims and his refusal to apologise, aggravated the damages.
