Kitale-based journalist Oroni, jailed over defamation

John Oroni, Kitale-based journalist

A Kitale-based journalist has been committed to serve a six-month civil jail term for defaming a government official.

Principal Magistrate Jacinta Owiti jailed John Oroni for failure to pay Trans-Nzoia County Conservator Simon Wahome Sh3 million as damages. Mr Wahome had lodged a defamation suit against Oroni, his colleague  Willy Kimanzi, an editor and the Weekly Citizen newspaper.

Oroni, Kimanzi and the newspaper were charged that between July 25 and 31, 2011 they published a story, alleging that Wahome had hired out a Kenyan forest land to Ugandans. However, only Oroni was arrested and prosecuted.

Wahome said the article portrayed him as corrupt. The two journalists were also accused of publishing another story on August 2011 that alleged that police evicted Ugandans from the said forest after the expose.

The third story published in August 1 and 7, 2011 stated that “Millers and leaders want forest officer out of the county’.

The plaintiff had sought general damages and exemplary aggravated damages and the defendants to tender an apology.

“The plaintiff is hereby awarded the sum of Sh2.5 million as general damages and Sh500,000 as exemplary aggravated damages,” Owiti ruled.

The court ordered the defendants to tender to the plaintiff an apology in the newspaper or any other paper. The magistrate also restrained the journalists and the newspaper from publishing any article on Wahome.

Oroni’s lawyer David Ingozi rushed and made an application seeking release of the journalist on bond. However, Wahome’s lawyer Nickson Sifuna opposed, saying the defendant had not shown any willingness to pay the money.

Ingozi requested the court to grant him bond, insisting that Oroni is a permanent resident of Trans-Nzoia County. Owiti approved Ingozi’s request and granted Oroni a Sh500,000 bond.

payment proposal

Oroni, however, failed to raise the bond and was remanded. He was released two days later. The magistrate ordered the journalist to return to court on November 24 with a proposal on how he intended to pay the amount.

When he returned, the magistrate on upon request by Prof Sifuna cancelled the bond and jailed the journalist for six months.

Ingozi moved to the High Court seeking a stay order on the decree pending an appeal the journalist had filed on the same court contesting the amount awarded. The case will be heard on February 18, 2015.