Inordinate libel awards are a threat to the development of Kenya’s democracy and it is time the courts took note of these judicial excesses and put a stop to them.
Individuals and other entities wronged by the media deserve to make good findings and receive awards.
But such punishment should not be blind to other overarching public interest goals, including evolving a media ecosystem that allows Kenyans credible alternative viewpoints on varied matters of societal concern.
Recognising that the news media serve more than business ends, our laws have created a unique dispute resolution platform for those who feel aggrieved by the media.
It is the Media Complaints Commission. This comes from the need to balance holding the media accountable for any transgressions with the need to ensure Kenyans enjoy media diversity.
The commission is uniquely qualified to understand the ebbs and flows in our media’s processes, and sufficiently independent to render fair arbitration.
Our courts, therefore, need to carefully balance punitive awards against the public’s right to a diverse media. Without prejudice to litigants' access to justice, our judges owe us jurisprudence that does not prioritise private rights over communal ones.
The award against the Star in Ernest Omondi Owino and another v Felix Olick and two others is exorbitant and a threat to media freedom and Kenya’s democracy. The Star, for itself and for the industry, must appeal.
The bench, and indeed all democrats, should join forces to stop this awards race, where individuals walk away with an ever-increasing level of fines. It’s been proven the world over that steep fines hardly play much of a role in driving reformation.
The writer is the Editor's Guild president
(Edited by V. Graham)
