Tony Mochama Wins Sh9 Million in Defamation Case

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Nyakundi Report

Newsroom 2 min read

Primary source Kenyan Digest archive

This archive report was first published on 9 August 2019.

On a sunny September day in 2014, Tony Mochama, a popular Pulse columnist, attended a poetry meeting at a house in Spring Valley, where he would later face a life-changing accusation.

Professor Wambui Mwangi, the house owner, was not present at the meeting, which was attended by 12 poets, including Kwame Dawes, a prominent African-American poet.

After the meeting, Tony Mochama went to the Storymoja Lit Fest at the National Museum, where he was scheduled to present on a panel alongside other notable figures.

However, the evening after the poetry meeting, Professor Wambui Mwangi began a smear campaign on Twitter, accusing Tony Mochama of being a sexual molester.

The accusations were based on a claim made by poet Shailja Patel, who alleged that Tony Mochama had sexually assaulted her during the poetry meeting.

However, in court, Shailja Patel would later claim that she waited for everyone to leave before making her claims, saying she wanted the meeting to end with dignity.

Professor Wambui Mwangi also testified in court, saying that Shailja Patel didn't push Tony Mochama away during the alleged assault because she had a big heart and was scared he may fall and hurt himself.

Despite her smiling in a group picture taken after the alleged assault, Professor Wambui Mwangi failed to explain this inconsistency.

Magistrate A M Obura found fault with both Shailja Patel and Professor Wambui Mwangi for making reckless and defamatory statements on social media.

The court also criticized Shailja Patel for trying to replace due process with social media kangaroos.

After a thorough investigation, the OCPD in Gigiri concluded that the claims against Tony Mochama were baseless and false.

The DPP's office also found that the allegations were an afterthought and couldn't be taken to court.

Ultimately, the court found Shailja Patel and Professor Wambui Mwangi to be malicious and issued a mandatory injunction against them, ordering them to stop tweeting falsehoods.

Tony Mochama was awarded Sh8 million as vindication of his innocence and a fair and reasonable consolation for the wrong done.

Shailja Patel and Professor Wambui Mwangi were also slapped with a Sh1 million exemplary and punitive damages and ordered to pay the cost of the suit to Tony Mochama's lawyer.

They were given 14 days to issue Tony Mochama with a full and written apology.

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