Kisumu City Manager Awarded wins Defamation Case as His Fraud & Forgery Case Continues
Senior Principal Magistrate Stephen Onjoro ruled that a public notice published by the Kenya Livestock Transporters and Traders Board (KLTTB) on August 20, 2014, was false, malicious, and injurious to Michael Abala Wanga's reputation.
Defamation Case Summary
Court: Milimani Commercial Courts
Magistrate: Stephen Onjoro
Defendant: Kenya Livestock Transporters and Traders Board
Ruling: Notice declared false, malicious, and defamatory
Award: Sh4M in general damages and Sh1M in aggravated damages: Sh5 million total damages
Details of the Defamatory Notice
The notice claimed that Abala was no longer an employee of KLTTB and warned the public not to transact with him, implying he posed a risk. Abala argued that this announcement embarrassed him and limited his employment prospects. The court agreed, noting that he received numerous worried inquiries from colleagues and associates following the publication.
Magistrate Onjoro found the words defamatory because they suggested misconduct and untrustworthiness. The Board's defences were dismissed:
Justification Defence Rejected: The Board attempted to rely on previous fraud allegations, but these were unproven, and Abala was later acquitted. The court held that unproven claims cannot justify defamation.
Qualified Privilege Defence Rejected: Although employers can notify the public of staff departures, publishing a national notice nine months after he left — without evidence he had misrepresented himself — was excessive and malicious.
The Milimani Commercial Courts therefore awarded Abala Sh4 million in general damages and Sh1 million in aggravated damages, totalling Sh5 million.
Separate Ongoing Criminal Case
Court: Milimani Anti-Corruption Court
Status: Arrest warrant issued, plea set for December 19
Allegations:
• Uttering forged University of Lagos invitation letter (KSh 283,402.50)
• Fraudulent acquisition of public property (KSh 8,701,091)
• Forging KCSE certificate showing mean grade of C+
Note: These are separate charges from the defamation case
Dual Legal Proceedings
While winning the defamation case, Abala faces ongoing charges before the Milimani Anti-Corruption Court. According to the Office of the Director of Public Prosecutions (ODPP), the allegations include:
1. Allegedly uttering a forged University of Lagos invitation letter on June 19, 2024, at the Kisumu County offices. The prosecution claims this allegedly led to excess facilitation payments of KSh 283,402.50.
2. Alleged fraudulent acquisition of public property worth KSh 8,701,091 from the Kisumu County Government.
3. Allegedly forging a KCSE certificate showing a mean grade of C+ purportedly issued by KNEC and presenting it as genuine.
Current Legal Status
Due to his absence in court, the Milimani Anti-Corruption Court issued a warrant of arrest, and his plea taking is now set for December 19.
The defamation case victory and criminal proceedings represent separate legal matters, with the defamation ruling addressing past actions by KLTTB while criminal charges relate to current allegations before the Anti-Corruption Court.
Legal experts note that the defamation ruling does not affect the ongoing criminal case, as they address different matters and time periods. The court's award in the defamation case recognizes damage to Abala's reputation from the 2014 notice, while criminal proceedings address allegations of current misconduct.
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