The Standard Group has been ordered to pay Ksh11 million plus costs and interest for defamation.

The Court ruled that Standard should pay Homabay Town MP Peter Kaluma Ksh10,000,000 for the publication for infringing on his privacy and that of his children.

“In view of the above, I find that an award of Ksh10,000,000.00 would be sufficient in light of the fact that the privacy of the Plaintiff’s two children was also infringed upon each in their individual capacities by the said publication and inflation due to the passage of time,” the Court ruled.

The Nairobian, a tabloid of the Standard Media Group, wrote a false and defamatory article referring to Kaluma and his family.

Standard Group Failed to Apologize

The Communication and Multi-Media Appeals Tribunal ordered the Standard Media Group to apologise and pay him a fine of Ksh2 million.

However, the Group failed to apologize, and therefore the Court awarded Opondo Kaluma an additional Ksh1,000,000 for damages.

“In this matter, I do find that having had the opportunity to apologize but failed to do so, the defendant was in effect grandstanding and therefore acted improperly. I do find that failure to apologize when demanded justifies an award of damages. With such determination, I do award to the plaintiff exemplary damages in the sum of Ksh1,000,000,” the Court said.

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Considering all the foregoing matters, the court was persuaded to award damages as follows:

• General damages: Kshs. 10,000,000.00
• Exemplary damages: Kshs. 1,000,000.00
• The Plaintiff is awarded costs of the suit and interest at court rates.

Kaluma to File Appeal

In a statement, Kaluma said he will appeal to have the compensation increased to a level that reflects the damage caused to his reputation and family by the publication.

He added that once the payment is received, he will donate the money to a charity of his choice and that he plans to file a new suit over the continued publication of the defamatory article.

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“I will appeal to have the amount increased to a level commensurate with the damage done to my reputation and my family by the publication. Once paid, I will donate the money to a charity of my choice,” he said.

“I will file a new suit for the continued publication of the defamatory article.”

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Standard Group offices along Mombasa Road. PHOTO/SG.