| Written by Andrew Kariuki |
Businessman and former legislator John Harun Mwau on Wednesday, 8, October 2025 testified in a defamation case he filed against the Daily Nation, disputing links made between him and the 2004 cocaine haul at the Pepe Inland Depot.
Appearing before the Milimani High Court, Mwau told the court that he was not a director of Pepe Limited but only a shareholder, emphasizing that the two positions were different.
He also clarified that he was never an owner in the depot where the cocaine was allegedly smuggled.
The plaintiff said he has filed several defamation cases against the Daily Nation in the past, maintaining that the articles in question defamed him personally and not the company.
Mwau told the court that before the alleged defamation, he received a call whose details he declined to disclose.
He said that on the 18th of that month, he contacted an assistant editor but did not mention the name during his testimony.
He confirmed knowing one Mbuvi Macharia, who he claimed was later “maliciously” charged in court after the incident.
Mwau testified that while the first and second Daily Nation articles on the cocaine raid did not mention his name, a later article published on December 31, 2004, prominently featured his name on the front page.
He confirmed that he had visited the CID offices of his own accord and that until then, his name had not been mentioned in media coverage of the raid.
During cross-examination, he acknowledged that the public has a right to information and that the media is entitled to report ongoing matters, but insisted that when such reports involve individuals, journalists should seek the mentioned person’s comments before publication.
He also admitted that the amended plaint in the case does not include a tabulation of special damages.
The matter is scheduled for reexamination and further hearing on November 12, 2025.
