Machoka vs Alai: Media personality says alleged Facebook post damaged his reputation and brand

Testifying before the court in a defamation suit, Machoka adopted his witness statement and court pleadings as his evidence and recounted his long career in public service and broadcasting.

Machoka told the court that he joined the police service in 1972 and served for four years before moving into broadcasting at the then Voice of Kenya (VOK), now Kenya Broadcasting Corporation. He later joined, where he currently works on Radio Citizen and Citizen TV.

The veteran broadcaster said he has received numerous awards during his career, including a Media Council Lifetime Achievement Award, the Head of State Commendation and the Order of the Grand Warrior (OGW).

Explaining why he sued Alai, Machoka told the court that a Facebook post allegedly authored by the MCA suggested that he was HIV positive and taking antiretroviral drugs (ARVs), which were allegedly affecting his judgment.

"I felt defamed when he went on his Facebook account alleging that I am HIV positive and taking ARVs which are making me irrational in thinking," Machoka testified.

He said the publication had injured his reputation as a respected media personality who has spent nearly 50 years in broadcasting and regularly serves as a master of ceremonies at major national and international events.

Machoka further told the court that his name is associated with several business ventures, including a hospitality establishment known as Fred's Ranch, and that the allegations threatened the value of his personal brand.

He estimated the value of his brand at between Ksh.150 million and Ksh.200 million.

During cross-examination, Machoka was questioned about Alai's defence that he does not own the Facebook account from which the alleged defamatory statements were published.

Machoka maintained that the account is widely known to belong to Alai and said his legal team had obtained documents previously presented in court proceedings which, according to him, link the account to the MCA.

He acknowledged that he did not write directly to Facebook seeking confirmation of the account's ownership but said he relied on documentary evidence that he believes is authentic.

Machoka also rejected suggestions that the account could be fake, telling the court that the account's history, activity and posting patterns pointed to it being genuine.

The court heard that the disputed post specifically referred to "Fred Obachi Machoka OGW" and questioned whether HIV causes insanity.

Machoka testified that the reference could only have been directed at him because it mentioned his full names and the national honour he received from former President Uhuru Kenyatta.

He further denied being HIV positive and told the court he would willingly undergo an HIV test if ordered to do so.

"If the court orders me to undergo an HIV test, I am ready right now," he said.

Machoka also defended a separate social media response in which he referred to Alai as "Mujinga ni wewe" (you are the fool), arguing that he was merely responding to comments Alai had previously made and that no legal action had ever been brought against him over those remarks.