Nyaribari Chache MP Zaheer Jhanda sues blogger for defamation

Nyaribari Chache Member of Parliament Zaheer Jhanda has taken legal action against a popular blogger for what he terms as damaging his reputation and tarnishing his character before his peers, constituents, and the country at large.

This after the said blogger, Cyprian Nyakundi, ran an article on his website linking him and two other legislators to an alleged fake gold scam ring recently busted by the Directorate of Criminal Investigations (DCI) in Nairobi.

Nyakundi published the said piece after a Citizen TV expose revealing that DCI sleuths had arrested 10 suspects and were pursuing one Senator and two MPs in connection with an alleged attempt to swindle a Tunisian national of Ksh.1 billion in a fake gold deal.

MP Jhanda, in court papers filed by lawyer Charles Gomba, argues that the article was meant to portray him as a “dishonest, dishonourable and deceitful person” with “loose moral values” unfit of holding public office in line with Chapter Six of the Constitution.

“Further, the Defendant published the said words out of malevolence or spite towards the Plaintiff aloof that some of the other 2 defamed persons were lawmakers and the negative impact the same would have on his reputation as a leader,” read the court papers.

“The Plaintiff does not deal with counterfeit Gold or US Dollar currencies. The Plaintiff has never done any business with anyone in Tunisia. The Plaintiff does not operate nor have any business affiliations with the gold scammers. The Defendant does not have any evidence to link the Plaintiff with the said gold scammers.”

The court documents added: “In consequence of the matters aforesaid the Plaintiff's reputation has been greatly injured in his credit and reputation and in his person and his position as the Member of Parliament of Nyaribari Chache Constituency and he has suffered considerable anxiety, distress and embarrassment as a result of which the Plaintiff has sustained loss and damage.”

The lawmaker now says, as a result of Nyakundi’s article, he has suffered loss of personal reputation, as well as well as loss of respect and goodwill among his peers and family.

He notes that, despite sending the blogger notice to sue, he - through his lawyer Donald Kipkorir - failed to pull down the “libellous article,” admit liability and publish a retraction or make amends.

Milimani Commercial Courts Principal Magistrate B.M Cheloti issued a temporary injunction restraining Nyakundi from “publishing any defamatory statements” against the MP.

Magistrate Cheloti further set the matter for hearing on October 4, 2023.