Vocal Nairobi City County MCA and blogger Robert Alai has suffered a significant legal setback after a Nairobi court ruled in favour of Agricultural Finance Corporation (AFC) Chief Executive Officer George Kubai in a defamation.
In a judgment delivered by Chief Magistrate K.D. Ole Keiwua, the court found that George Kubai had successfully proved his case against Robert Alai on a balance of probabilities after accusing him of publishing defamatory statements that allegedly damaged his reputation through online platforms, including social media and digital publications.
Kubai had moved to court through Lawyer Henry Kurauka seeking damages for defamation and permanent injunctive reliefs restraining Alai, his agents or associates from further publishing or republishing allegedly defamatory statements against him in any form of electronic media or online platforms.
The AFC boss also sought mandatory orders compelling Alai to withdraw, delete and apologise for offending statements published on social media, alongside damages arising from the alleged reputational harm.
Court documents indicate the dispute stemmed from publications linked to claims touching on Kubai’s lifestyle and personal affairs, which Kubai argued were malicious, misleading, defamatory and intended to injure his standing.
During proceedings, Alai’s legal team challenged portions of the electronic evidence and questioned compliance with evidentiary requirements under Section 106B of the Evidence Act.
However, the court found that the evidence produced by Kubai had been admitted without objection and further held that the electronic certification presented complied with the legal threshold required under the law.
In a key finding, the magistrate ruled that the publications complained of were intended to lower Kubai’s reputation.
“The plaintiff has proved his case against the defendant on a balance of probabilities,” the court found, paving the way for injunctive relief and damages in Kubai’s favour.
The court subsequently granted permanent injunctive orders restraining Alai from publishing or causing further publication of defamatory statements against Kubai and further ordered him to withdraw the offending publications and issue an acceptable apology within 30 days.
Although Kubai had sought Ksh8 million in general damages and an additional Ksh. 2 million in exemplary damages, the court termed the amount proposed excessive and instead awarded Ksh1 million in general damages for defamation, declining to award exemplary damages.
The judgment also signals yet another reminder of the legal risks surrounding online publications and the growing willingness by courts to intervene where reputational harm is successfully demonstrated.
