Fred Machoka Says He Has Not Withdrawn Case Against MCA Robert Alai
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Popular radio presenter Fred Machoka told the court that he has not dropped the civil case against Kileleshwa MCA Robert Alai.
The radio host rubbished rumors that he was given Ksh 500, 000 to discontinue the case.
His comments followed a picture taken of him and Alai having lunch, after the case was heard and which then led to speculation that the matter had been settled, on social media.
“The meeting had nothing to do with the case, and the speculation is very disturbing and is impacting my family.” Machoka stated.
Machoka had filed the civil case after the politician allegedly made a Facebook post claiming he was HIV positive and which lowered his reputation and hurt his business.
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The Legal Battle Between Machoka and Alai
Lawyer Danstan Omari confirmed the matter was still active.
“The matter is active and proceeding,” Omari said.
Lawyer Edward Ooge, who is representing Alai, confirmed he is optimistic about the court’s decision. “We are confident the court will deliver a fair judgment,” Ooge said.
According to documents filed at court and referred to during the hearing, Machoka is arguing that the publication of Alai’s posts went viral and has severely impacted on his standing in the media sector and his personal brand.
Machoka told the court the defamation made him suffer business loss, has generated stigmatism against him, followed him in public and personal spheres.
Machoka emphasized he was not pursuing the case for the money but rather to have his name and the facts cleared.
He pleaded that the court should allow the case to go on trial so that evidence could be placed before court and determined on its merits.
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Freedom of Speech vs. Defamation on Social Media
Alai’s lawyers state that the MCA is sticking to his stand and believe the court proceedings will establish the true position.
However, Ooge says the defense is ready to move its case and believe court process will unveil facts relating to the questioned facebook post.
The case has attracted widespread discussions across the web as Kenyans weigh in on freedom of speech vs defamation on social media.
Court will be giving further direction as it waits for the sides to give in their submissions and hearing dates.
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Lawyer Danstan Omari confirmed the matter remains active, while Alai’s lawyer Edward Ooge said he is confident the court will deliver a fair judgment. Credits PCS.
