Court orders Keroche heiress to pay ex-boyfriend Ksh2 million
By Edith. O. Virginia
In 2018, Anerlisa Muigai, daughter of Keroche Breweries Tabitha Karanja was sued by her ex-boyfriend Ben Kangangi for defamation following a post she shared on social media.
The case now comes to a close after a court delivered a verdict in the case.
Kangangi filed the case Against Anerlisa citing reputational damage where he demanded a written apology and permanent injunction following a Facebook post and Instagram post made by Anerlisa about him.
"Given the evidence on record, it is this court's view that it (the post) was indeed defamatory. The post directly referred to the plaintiff(Mr. Kangangi) and indicated that he was an unscrupulous businessman who conducted fraudulent businesses and could not be trusted.
[caption id="attachment_16543" align="alignnone" width="1051"]
Collage image of Keroche heiress Arnelisa Muigai and Ben Kangangi. |Photo| Courtesy|[/caption]
"The plaintiff indicated that the claims by the defendant( Anerlisa) were false and the defendant did not provide anything to controvert the same," Justice Said Juma Chitembwe stated.
"I am satisfied that in the absence of any contrary evidence, the plaintiff (Mr Kangangi) was defamed as the evidence on record does prove that the plaintiff’s character was negatively affected," he added.
Justice Chitembwe awarded Kangangi Ksh2,000,000 as compensation for defamation.
“Given the evidence on record, I do find that a global award of Ksh2,000,000 shall be adequate compensation for the plaintiff. The plaintiff is hereby awarded Kshs .2million as general damages plus costs and interest.
Kangangi moved to court after Arnelisa took to her social media pages to speak out about a Ksh19.9 million shilling debt.
“They were published with deliberate malice by the defendant who knows or ought to have known that the statements are not true. As a result, the Plaintiff has suffered a loss in his transactions, loss of respect amongst his friends, business associates, family etc,” the papers drawn by Conrad Maloba and Associates read in part.
“By the publication of the said online posts, the Plaintiff has been greatly injured in character and reputation as a consequence whereof the Plaintiff has been brought into grave public ridicule, scandal, odium and contempt in the eyes of right-thinking members of the society,” read the court papers dated March 22, 2018.
Collage image of Keroche heiress Arnelisa Muigai and Ben Kangangi. |Photo| Courtesy|[/caption]
"The plaintiff indicated that the claims by the defendant( Anerlisa) were false and the defendant did not provide anything to controvert the same," Justice Said Juma Chitembwe stated.
"I am satisfied that in the absence of any contrary evidence, the plaintiff (Mr Kangangi) was defamed as the evidence on record does prove that the plaintiff’s character was negatively affected," he added.
Justice Chitembwe awarded Kangangi Ksh2,000,000 as compensation for defamation.
“Given the evidence on record, I do find that a global award of Ksh2,000,000 shall be adequate compensation for the plaintiff. The plaintiff is hereby awarded Kshs .2million as general damages plus costs and interest.
Kangangi moved to court after Arnelisa took to her social media pages to speak out about a Ksh19.9 million shilling debt.
“They were published with deliberate malice by the defendant who knows or ought to have known that the statements are not true. As a result, the Plaintiff has suffered a loss in his transactions, loss of respect amongst his friends, business associates, family etc,” the papers drawn by Conrad Maloba and Associates read in part.
Kangangi through his lawyers wanted the court to compel Anerlisa to stop posting any “further defamatory words” against him or his dealings.
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