Danstan Omari secures acquittal for Kisii journalist in defamation suit

City lawyer Danstan Omari has secured a major legal victory for a Kisii-based journalist after successfully having a defamation suit filed against him by a medical doctor dismissed at the Milimani Law Courts.

David Nyokang’i heaved a sigh of relief after Milimani Magistrate’s Court cleared him in a defamation case involving a medical doctor.

Milimani Senior Principal Magistrate Ben Mark Ekhubi dismissed the case in which Mr Nyokang’i had been accused of publishing a malicious article on an online news platform.

In the suit, Nyokang’i was alleged to have published a false news report on 26 June 2025 against Dr Timothy Biakika’s family, causing emotional distress and damage to the doctor’s reputation.

Nyokang’i was said to have alleged that Dr Biakika’s wife was involved in sexual promiscuity, a claim that the accusers argued had unfairly tarnished the family’s reputation in the community and at their workplace.

The journalist, represented by Mr Omari, denied the allegations.

Omari told the court that the prosecution had failed to establish its case against the journalist, noting that the investigating officer and other key witnesses had not testified.

The court, in its findings, highlighted flaws in the manner in which the prosecution presented the case, observing that it failed to file a prima facie case against the journalist.

The magistrate noted that the prosecution had not established that the accused was the reporter, editor, or registrar of the online news outlet.

“The published news material could not be attributed with certainty to the accused person,” the judgment partly read.

He further observed that the prosecution had closed the case prematurely, having excluded other key witnesses who never testified.

“It is ineluctable that the prosecution has not proved its case to warrant the accused person being put on his defence. Consequently, I acquit the accused person,” the court ruled.