By Andrew Kariuki
Kileleshwa MCA and blogger Robert Alai has suffered a significant setback after a Nairobi court ruled in favour of Agricultural Finance Corporation (AFC) Chief Executive Officer George Kubai in a defamation suit, awarding damages and issuing orders restraining further defamatory publications.
In a judgment delivered by Chief Magistrate K.D. Ole Keiwua, the court found that Kubai had successfully proved his case against Alai on a balance of probabilities after accusing him of publishing defamatory statements through online platforms, including social media and digital publications.
Kubai, through lawyer Henry Kurauka, had moved to court seeking damages for reputational harm alongside permanent injunctive orders barring Alai, his agents or associates from publishing or republishing allegedly defamatory statements against him on electronic and digital platforms.
The AFC boss had also sought mandatory orders compelling Alai to withdraw the offending publications, delete the content and issue an apology over statements Kubai argued had maliciously injured his reputation and standing.
Court documents indicate the dispute arose from online publications linked to allegations touching on Kubai’s personal life and lifestyle, claims he maintained were false, malicious, misleading and calculated to tarnish his public image.
During proceedings, Alai’s legal team challenged aspects of the electronic evidence relied upon by Kubai, questioning whether the material complied with evidentiary requirements under Section 106B of the Evidence Act governing electronic evidence.
However, the court dismissed the objections, finding that the evidence had been admitted without challenge and that the certification accompanying the electronic material satisfied the legal threshold required under the law.
In a key finding, the magistrate held that the impugned publications were defamatory and intended to lower Kubai’s reputation in the eyes of members of the public.
“The plaintiff has proved his case against the defendant on a balance of probabilities,” the court ruled.
The court consequently granted permanent injunctive orders restraining Alai from publishing or causing the publication of defamatory statements against Kubai and directed him to withdraw the offending publications and issue an acceptable apology within 30 days.
Kubai had sought Ksh8 million in general damages and a further Ksh2 million in exemplary damages. However, while acknowledging the reputational injury suffered, the court found the proposed award excessive and instead granted Ksh1 million in general damages for defamation.
The court declined to award exemplary damages.
The judgment marks a significant legal defeat for Alai and serves as another reminder of the legal consequences attached to online publications, particularly where courts find reputational harm has been established.
