Court of Appeal Overturns Ksh8 Million Award to Jimmy Wanjigi

The Court of Appeal has overturned a Ksh 8 million High Court award previously granted to businessman Jimmy Wanjigi and his wife, Irene Nzisa, over a fake death announcement published in a local daily newspaper.

The appellate judges ruled that there was no conclusive evidence proving the couple’s privacy had been violated.

The original award, handed down in 2018, had seen Wanjigi and Nzisa each receive Ksh 4 million following the publication of an obituary that falsely reported the businessman’s death.

The obituary, published in the Daily Nation on February 7, 2018, used Wanjigi’s photograph but listed a different name, James Richard Wanjagi, causing public confusion and distress.

High Court Judge Wilfrida Okwany had initially found that the publication infringed on Wanjigi’s privacy.

“The obituary read that the first applicant was supposed to be buried at Langata cemetery. The obituary treated him as an object while still alive and was against his right to dignity,” Wanjigi’s lawyer, Willis Otieno, told the court at the time.

Background of the Controversial Obituary

The obituary described the death of James Richard Wanjagi, claiming he had died after a failed robbery in Nairobi’s Karen estate.

According to the notice, Wanjagi was the son of James Maina and Wambui Magari and the husband of Irene.

The publication prompted outrage after readers identified the photograph as that of Wanjigi.

Wanjigi said the announcement had a lasting impact on his family.

“It affected my loved ones deeply and caused mental anguish,” he said, adding that the publication exposed private details that could have placed them in danger.

The businessman accused Nation Media Group (NMG) of negligence, asserting that as an established media house, it should have verified the information before publication.

The CEO, Stephen Gitagama, Editor-in-Chief Tom Mshindi, and Advertising Head Michael Ngugi were cited as respondents in the case.

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Media House Defends Actions

NMG, however, denied any wrongdoing, arguing that Wanjigi was a public figure whose life held public interest.

The media house maintained that while the photograph appeared to be of Wanjigi, the name on the obituary did not match his, and that a third party had paid for the publication.

“It is impossible to hold that it should bear responsibility to verify the same, thus the case be dismissed,” the media house argued in court documents.

The media house also released CCTV footage showing the man who booked the obituary and publicly invited the public to help identify him.

Clifford Machoka, Head of Corporate and Regulatory Affairs at NMG, said immediate action had been taken against those responsible.

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Appeal Court Ruling

It is a significant precedent in the balance of power between the rights of public figures and the obligations of the media houses, particularly regarding third-party information and paid advertisements.

It remains to be seen whether Wanjigi and his legal team will appeal the appellate court’s decision to the Supreme Court.

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Court Hammer which signals courts decision
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