Atwoli loses defamation case against Kambi

The Central Organization of Trade Unions (COTU) Secretary General Francis Atwoli has lost a defamation case he had filed against suspended Labour Cabinet Secretary Kambi Kazungu.

Mr. Atwoli had filed a case at the High Court seeking damages of Ksh 500 million from Kambi over claims that he (Atwoli) had a hand in the killing of slain Kabete Member of Parliament George Muchai.

Atwoli further said that his image was dented following Kambi’s remarks during late Muchai’s burial and, therefore, sought the court indulgence for Kambi to pay him damages amounting to half a billion.

While delivering his ruling, Justice Alfred Mabea said that according to law, for one to be granted damages in a defamatory case, he or she has to prove that the exact words being complained of to defame, must exist in a publication.

The judge added that he looked at the various national newspapers cuttings to derive the defamatory words Atwoli had complained of but he found none hence making it difficult to prove defamation and award damages.

The Judge further added that even if he was to find Kambi guilty of defamation, the orders sought by Atwoli were too general and ambiguous to grant.

Atwoli, through his lawyer, now says he will appeal against the ruling.