Port union boss to pay Sh2.4m for defaming KPA general manager

The Chairman of Dock Workers Union (DWU) Simon Sang has been ordered to pay sh2.4 million for defaming a former Kenya Ports Authority (KPA) general manager.

Senior Principal Magistrate Lucy Sindani ruled that Sang was guilty for calling Daniel Ogutu, then head of human resources, a murderer.

 He had pointed the finger at Ogutu over the death of a union member, Benson Oluoch, in hospital. 

 The magistrate said the press statement terming Ogutu a murderer, a killer and on satanic mission was full of malice with no truth in it.

"There is no evidence that Ogutu killed the employees and no evidence that he was charged in any court of law for the same. Sang has also not proved either that Ogutu was negligent thereby causing death of the deceased and that he is on a satanic mission as claimed," said Sindani.

Ogutu, through his lawyer Michael Oloo accused Sang of calling him a murderer on or about February 24, 2023, at a press statement after Olouch died at Coast General Hospital after being transferred from Aga Khan hospital for depletion of his medical cover.

Sang said that Ogutu wrote a letter to the management of Aga Khan hospital on February 7, 2023, informing the administrator of the hospital to tell the clients that from January 1, 2023, the balances on their smart cards are depleted.

As a result, Oluoch was moved from Aga Khan Hospital against the advice of the said hospital, where he was discharged on February 21, and readmitted at CGH, where he died on February 23, 2023.

Sang said that Ogutu, being the Human Resources general manager at KPA then, was liable for the direct death of Oluoch, who was a DWU member.

"We wish to draw the attention of the entire nation, including local and international stakeholders of some serious developments currently unfolding at the KPA. In particular, the General Manager, HR and Administration, Mr Ogutu, and the Chief Medical Officer, Dr Gome, are collectively and individually responsible for this death," claimed Sang in his press statement.

He alleged that Ogutu was the perpetrator of the suffering employees at KPA were going through by spearheading labour rights abuses in the organisation.

"He is doing it with sheer arrogance, neglect and ignorance. He issued instructions for the removal of these employees from the hospital while in ICU (Intensive Care Unit), which resulted in death," said Sang at a press statement.

However, the magistrate noted there were better ways of dealing with the issues raised in the statement than spreading it on both mainstream and social media.

"From the evidence placed before me, I am convinced that the plaintiff (Ogutu) suffered great loss and damage to his reputation by the words stated by the defendant during the press conference in the letter that was made available to other staff at KPA as it was minuted.The court is therefore persuaded to find that the press statement and part of the letter to the state officials was defamatory of the plaintiff," said Sindani.

The magistrate noted that the contents of the letter leave no doubt that it was addressed to the Deputy President, the Prime Cabinet Secretary, CS Transport, CS Labour, the chair Board of Directors KPA, Secretary General, the Central Organization of Trade Unions-Kenya(COTU), and copied to President William Ruto.

In her judgement, Sindani awarded Ogutu Sh2.8 million for slander, general damages and lieu of apology.

"The plaintiff Ogutu has proved on a balance of probability that the defendant (Sang) published the defamatory words which injured his reputation of character," said Sindani.

Sang said that even before Oluoch was discharged from Aga Khan Hospital, there were engagements that had been done with Aga Khan to retain Oluoch as they deliberated on the issue.

However, the magistrate noted there was nowhere it has been shown that the Ogutu wrote to the hospital telling it to discharge the deceased.

Sindani said the claims are therefore false and malicious and the strong words used were uncalled fore and malicious.

On his part, Sang maintained in court that whatever he said was the truth and he still stands by his statement and has no apology to make.

Sang stated that together with members of the union he had been vindicated by Ogutu's demotion and transfer.

However, Oloo said that Ogutu had just been redeployed to another assignment.

"There is no proof on record to show that Ogutu's transfer was a demotion. Therefore, Sang cannot state that they were vindicated from their statements which he arrogantly still maintains in court as the truth," said Sindani.