The High Court has ordered Nation Media Group (NMG) to pay businessman Jimi Wanjigi Ksh8 million for errenously publishing his obituary on February 7, 2018.
High Court Judge Wilfrida Okwany ruled that the media group intruded into the businessman’s privacy while dismissing the respondent’s argument that that it was a third party in the case since an unnamed man paid for the false obituary.
Justice Okwany observed that the media group raked in revenue from newspapers sold on that day and ordered the publication to pay Wanjigi Ksh4 million and his wife a similar amount for the anguish that the obituary caused her family
“Nation owed a duty of care to make sure that it published accurate and fair information. They gained financially by publishing the obituary,” ruled Justices Okwany.
However the battle between Wanjigi and Nation is far from over, the businessman has also sued NMG for publishing another story in which the writer reported that the businessman had been sued for land fraud.
{Read: Why Jimmy Wanjigi wants Sh100 million from Nation Media}
Through law firm Otieno Ogola & Company Advocates, the two in a letter dated April 17 demanded the publisher withdraw the article with the headline Trader sues Wanjigi over prime land from all its platforms, make a public apology and submit a settlement proposal befitting the damage they said the article has caused them.
If NMG fails to adhere to their conditions, the Wanjigis warned that they had instructed their lawyer to institute formal legal proceedings.
“The said publication in any event is false and factually inaccurate. Our clients have never been involved in the alleged acts that you have indicated in your article. The article also does not accurately cover the alleged proceedings instituted before the Environment and Lands Court,” read the letter.
{See also: Wanjigi threatens to sue Nation over fraud story}
Jimi and Nzisa Wanjigi further faulted the media group for wedging a campaign against them which they claim has lasted for over four years.
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