Kimilili Member of Parliament Didmus Barasa has been ordered to pay former Principal Secretary and ambassador Patrick Wamoto KSh 7.5 million in damages after the court found he made defamatory remarks about the former diplomat on a live radio show.
In a ruling delivered at the Milimani Commercial Courts, Senior Principal Magistrate S.K. Njoro said Wamoto had successfully proved that Barasa’s statements made during a broadcast on Sulwe FM on October 25, 2019 were false, malicious, and intended to harm his reputation.
“This court finds that Ambassador Patrick Wamoto has proved his case on a balance of probabilities,” ruled Magistrate Njoro. “Judgment is hereby entered in favour of Wamoto against Didmus Barasa.”Barasa had claimed during the interview that Wamoto’s nomination to the Public Service Commission (PSC) was initially rejected due to financial misconduct tied to the Kenyan Embassy in Tokyo.
He also stated that he had personally intervened to convince the PSC to approve Wamoto’s appointment, an implication that the former PS got the job through lobbying rather than merit.
Wamoto, who has served as Kenya’s ambassador and held senior positions in the Ministry of Foreign Affairs, told the court the remarks were not only false but also damaging to his career and reputation.
Through his lawyer, Waithaka Nguruiya, Wamoto argued that the comments painted him as corrupt and unfit for public service, casting doubt on his integrity in the eyes of the public.
Despite being formally asked to retract the statements and issue an apology, Barasa reportedly declined to do so prompting Wamoto to file the defamation suit.
The court agreed with Wamoto, ruling that the MP’s claims were baseless and defamatory, and that he had failed to provide any credible defence.
Barasa has now been ordered to issue a written and unequivocal apology to Wamoto within 30 days of the ruling. The apology is to be read or aired on Sulwe FM during the same time when the defamatory comments were aired.
Besides damages, the court also issued an injunction restraining the MP, his agents or anyone acting on his behalf, from writing or publishing any defamatory statements against Wamoto.
The case emphasizes the legal risks involved with comment in the public domain, especially reputations are involved. For Wamoto, the ruling is a public vindication following nearly five years of litigation.
