Kabimba takes Richard Sakala to court

JUSTICE minister Wynter Kabimba has given the Daily Nation newspaper seven days in which to apologise for its libelous articles against him or face legal action.
In a letter to Daily Nation editor-in-chief Richard Sakala by Kabimba’s lawyers AMC Legal Practitioners, Kabimba said in its 708th issue volume three on March 12, 2014 the newspaper published an article titled “Kabimba’s firm pocketed K200m’, alleging he had pocketed, through his firm, the sum of K200 million from the Ministry of Justice.
“Our firm instructions, therefore, are that you cause to be published by your newspaper a formal apology withdrawing the allegations made in the aforesaid articles within seven (7) days from the date hereof, failing which legal action shall be commenced against you without any further recourse to yourself,” read the letter in part.
Kabimba said the publications were unfair and inaccurate and published with malice.
“We are further instructed that the said article suggested that our client was part of some alleged misappropriation of funds by the Ministry of Justice, amounting to K105 billion. The same, we are instructed, was published recklessly and without proof or evidence as to its veracity. Therefore, our client instructs that the publications were unfair and inaccurate and published with malice. The relevant portion of the article being the fifth paragraph was as follows: “And over K105 billion in the Ministry of Justice has been misappropriated, the Parliamentary Accounts Committee has heard.”
Kabimba said the newspaper caused to be published in the 715th issue and later issues and volume dated Tuesday March 25, 2014, a subsequent article titled ‘Probe Kabimba on K200m payment,’ alleging that he had received funds irregularly, without authority, after employing pressure amounting to abuse of office and unjustifiably or without qualifying to receive the said funds.
He said the paragraph that captured his lawyers’ interests were couched as; “Justice Minister Wynter Kabimba should be prosecuted if it is established that he influenced the payment of K200 million to his law firm by the Ministry when it was not on the list of beneficiaries.”
“According to Auditor-General’s report, Kabimba’s firm, W. M. Kabimba and Company, was paid the money without justification as it was not among beneficiaries. Permanent secretary in the Ministry, Josephs Akafumba, was at pains to explain how Kabimba’s company found itself on the list of beneficiaries when he appeared before the Public Accounts Committee a fortnight ago,” read the letter.
Kabimba said the said paragraphs in their form caused damage to his reputation in society and as Minister of Justice.
“We are instructed that you did not consider and/or care to procure publications relating to our client’s firm’s qualification, as beneficiaries, to receive the funds as per the criterion observed by the Parliamentary Accounts Committee. Further, we have been instructed that the afore-mentioned articles were not based on facts truly stated. Needless to say, we have been instructed that our client has been defamed by the said false articles in that they tend to lower him in the estimation of right-thinking members of society or cause him to be shunned or avoided or to expose him to hatred, contempt or ridicule, or to convey an imputation on him disparaging or injurious to him in his office of Minister of Justice,” read the letter.

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