Former anti-corruption chief and whistle-blower John Githongo has been ordered to pay former Cabinet minister Chris Murungaru Sh27 million for defamation.
Dr Murungaru sued Mr Githongo a few years ago for defamation over secret recordings on the Anglo Leasing scandal where the country lost billions.
In the ruling delivered on Thursday, the court in Nairobi directed Mr Githongo to pay Dr Murungaru Sh20 million in general damages, Sh5 million in exemplary damages, and Sh2 million special damages.
The activist was also ordered to pay full interest on the award until Dr Murungaru receives all his money and the costs of the suit.
John Githongo, who was once the Ethics and Governance permanent secretary, told a court that Dr Murungaru sent emissaries to prevail upon his to “go slow” on investigations into the scam.
He told the court Murungaru was adversely mentioned by his Cabinet colleagues and that he had interests in Anglo-Leasing and related tenders.
He said Murungaru sent former Constitutional Affairs minister Kiraitu Murungi and former Finance minister David Mwiraria to warn him to go easy on the case because he wanted to kill him.
Githongo said he was also informed Murungaru was frustrating investigations into the scandal.
“Mr Murungi and Mr Mwiraria stepped into my office without notice and told me Murungaru wanted to kill me on May 20, 2004,” said Githongo as he was cross-examined by Murungaru’s lawyer, Kioko Kilukumi.
The scam saw Anglo Leasing Finance paid Sh2.7 billion (at the current exchange rate) to supply the Kenyan government with a system to print new high-technology passports.
But while he lost the case, Mr Githongo on Thursday said the Sh27 million award is just one of the many setbacks he has suffered in the case that has dragged on for more than 13 years.
“I am disappointed though unsurprised by the judgment that has emerged from the High Court with regard to the Anglo-Leasing defamation matter…,” he said in a statement.
“The matter has drudged through the courts for 13 years and been heard by different judges. It is my plan to appeal this judgment as vigorously as possible.”
Mr Githongo, then a permanent secretary, resigned from the Cabinet and went into exile after lifting the lid on the scandal that threw Mr Kibaki’s nascent administration into a spin.