, NAIROBI, Kenya, Jul 14 – The High Court has ordered former Kisumu Town East MP Gor Sunguh to pay Nairobi lawyer George Oraro Sh3 million for defamation.
High Court Judge Kalpana Rawal also directed the former legislator to tender an appropriate apology to Mr Oraro for linking him to the murder of former Foreign Affairs Minister Dr Robert Ouko.
Mr Oraro, through lawyer Julius Kemboy, had sued the former MP after he addressed a press conference outside Parliament while he was the Chairman of Parliamentary Select Committee conducting an inquest into the death of Dr Ouko.
Mr Sunguh’s committee was formed in 2003.
“Although I cannot say that Gor Sunguh was actuated by malice as per law when he uttered the statement the court cannot however deny that the move was reckless which could impute malice,” said the judge.
Mr Sunguh had argued that the defamation suit was an afterthought since it was filed a year after the offending words were uttered.
“Mr Oraro was trying to exercise his rights of being heard when his name had been adversely mentioned in the matter which was of grave and serious nature,” the judge ruled.
“I therefore find and hold that the defendant did utter defamatory statements of Mr Oraro which put him to contempt and disrespect. It was embarrassing to the social and professional reputation of Mr Oraro,” she added.
Dr Ouko was killed and his scarred body was found at the foot of Got Alila hill a few kilometres from his rural Koru home on February 12, 1990.