Tony Gachoka, Jeff Koinange to face defamation charges

A defamation suit against TV talk show host Jeff Koinange and businessman Tony Gachoka will proceed, after the High Court lifted orders that had stopped it.

Justice Weldon Korir on Monday ruled that he would only hear the appeal against Mr Koinange's and Mr Gachoka's convictions for contempt but not interfere with the defamation case filed against them by businessmen Jimi Wanjigi and his brother Sani Mbui Wanjigi.

The judge had earlier stopped the proceedings in the defamation suit but lifted the order following an application by lawyer Nicholas Nyamai.

“The order issued by the court on June 10 is varied to allow the defamation suit to proceed. We will only proceed with the contempt of court case and the appeal against the Sh2 million fine, which had been imposed on the accused,” said Judge Korir.

Mr Koinange and Mr Gachoka were last month found guilty of contempt of court and fined Sh2 million each or serve six months in jail for disobeying a court order.

SUSPENDED FINE

They then appealed against the sentence, and Justice Korir suspended the fine and put on hold the entire proceedings of the defamation dispute, which gave rise to the conviction.

The dispute started in March when Mr Nyamai obtained orders barring Mr Koinange, KTN and the Standard Media Group from broadcasting or publishing defamatory statements concerning the Wanjigis or their company, the Kwacha Group of Companies.

Despite serving the order, Mr Nyamai complained that Mr Koinange invited Mr Gachoka on his “Jeff Koinange Live” talk show on April 1 and went ahead to discuss what they were barred from broadcasting.

Mr Nyamai then filed a contempt of court case against them, leading to a protracted court battle until Mr Koinange and Mr Gachoka were arrested for failing to honour court summons, and later found guilty of contempt.