MCA sues Facebook group Dead Beat Kenya for defamation

An administrator of a popular Facebook page, Dead Beat Kenya, has waded into troubled waters after a court issued an injunction on Wednesday restraining him from further publication.

The order comes in the wake of a defamation suit lodged by Kiambu MCA Paul Karungo Thang’wa, who now wants punitive and exemplary damages slapped against Mr Jackson Njeru and a woman claiming he has neglected his child.

Mr Karungo obtained the restraint order after moving to the court under a certificate of urgency through his lawyer, Ndegwa Njiru, who said the post touching on the politician amounted to slander and character assassination.

Mr Njiru said redress for child neglect cannot be sought through social media networks but through legal procedures enshrined in the Constitution.

"It is unscrupulous and unethical to do otherwise,” the lawyer said.

He said the public had since lashed out at the politician on social media, assassinating his character and questioning his integrity and capability to lead following the postings made on September 10, 2014.

CHARACTER ASSASINATION

The lawyer accused Mr Njeru and Ms Jacquiline Mwende of devising “a scheme to defame and assassinate the politician’s character on the social media platform and prayed that unless they are restrained from further defamation he stands to suffer irreparable loss and damage to his reputation.”

Mr Njeru and Ms Mwende have equally been summoned to appear in court on September 24 to defend themselves against the accusations and the request for “exemplary and aggravated damages for libel.”

Dead Beat Kenya is a Facebook page whose objective is to expose parents of either gender who have chosen not support or pay up child support.

“On the September 10, Mr Njeru posted a defamatory alert titled 'Kiambu MCA' on the spot by Jacquiline Mwende... the said post contained highly defamatory remarks concerning the plaintiff, provoking comments from the public which assassinate the character of the plaintiff,” the lawyer said.

He said the woman who claims that Mr Thangwa has neglected his responsibilities as the father of her child was the author of the article and alerted the politician that she had exposed him and that the post was trending on social media.

PAY CHILD SUPPORT 'MHESHIMIWA'

“The fourth defendant, who claims that the plaintiff has neglected his responsibilities as father of her child, wrote a post on the plaintiff's official Facebook page Karungo Wa Thangwa saying 'Join Deadbeat Kenya page… its time to pay child support mheshimiwa,’" Mr Njiru told the court, adding that the publication of the said words was malicious.

The lawyer told the court that the words implied to portray the MCA as an “irresponsible man whose integrity was wanting apart from disregarding his rights.”

“The publication of the said words were intended to subject the plaintiff to ridicule, hatred and contempt and excite adverse opinion against him,” Mr Njiru submitted.

He said the woman has been enjoined in the suit as the actual author of the defamatory statements published on Dead Beat Kenya.

“Despite a demand notice of intention to sue and request for an apology, the statements have not been retracted to date,” Mr Njiri told the court.