Athletics legend Keino awarded Sh4.5m for libellous Rio scam story

A court in Nairobi has awarded Kenya’s athletics legend Kipchoge Keino Sh4.5 million as compensation for the 2016 Rio Olympics funds scandal story published by a local media house. 

Milimani Court magistrate Rawlings Musiega, in his judgment, said the Olympic gold medalist’s reputation had been tarnished.

The magistrate was of the view that the media house did not verify the information published.

He said that the story was based on falsehoods as Keino, who was then serving as an honorary president of the National Olympic Committee of Kenya (NOCK) was not a party to the saga as he was not a signatory to the athletics body’s bank accounts.

“I therefore find such assertions mere allegations emerging from the thicket, far-fetched and unsupported. It is, therefore, clear based on the apology by the defendant and the revelation of the true facts of the matter, that the information contained in the article was false. Was the publication actuated by malice? Throughout the case, it has become apparent that the defendant did not take any steps to verify the accuracy of the information published,” said Musiega.

According to the magistrate, the story was not a fair comment. He added that the language used was a clear indicator that it was motivated by malice.

“It is my considered view that even an honest person without bias, would not have made the same statement as made by the defendant bearing in mind that the plaintiff was and is a reputable athlete and a national figure known worldwide. It is, therefore, clear based on the apology by the defendant and the revelation of the true facts of the matter, that the information contained in the article was false,” he said.

In the case, Keino’s lawyer Cecil Miller told the court that his client was depicted as a corrupt person.

He said that the publication meant that he was meant to be charged in a court of law as a criminal.

According to Miller, the story alleged that the lawyer had informed the anti-corruption court that Keino was in Mexico, to receive an award on behalf of disabled persons and would surrender himself to the Directorate of Criminal Investigations once he landed back in the country, as he had allegedly learned about the charges against him.

He stated that Keino’s whereabouts were known adding that it depicted him as a person on the run.

The lawyer asserted that the story was without an iota of truth adding that the media house admitted and apologized but went quiet on compensation.

The Director of Public Prosecutions (DPP) cleared Keino in the Sh55 million Rio Olympics saga.

In response, the media house denied the allegations that Keino deserved compensation after an apology. It argued that it had a duty to tell Kenyans about what happened and it made the publication without malice.

In 2016, the government pumped more than Sh500 million to support the Kenyan team that was heading to the Olympics in Rio de Janeiro. What was a fairy tale championship in Brazil, where Kenyan athletes emerged top of Africa and in position 15 overall, was overshadowed by accusations?

The then-team Kenya Captain Wesley Korir complained that the athletes were subjected to poor treatment, the team’s kits went missing, poor travel arrangements and lack of motivation,n which almost made some athletes withdraw from the games.

Former Sports CS Hassan Wario and the games head of mission Stephen Soi took the bullet when the magistrate handed them a combined fine of Sh119 million or a combined jail sentence of 18 years. The two subsequently appealed the verdict by trial magistrate Elizabeth Juma.

Justice Esther Maina quashed Soi’s conviction and sentence after finding that he had successfully proved that he was wrongly and unfairly convicted.  In his appeal, Soi said he was not an Authority to Incur Expenditure (AIE) holder. He also argued that he never received a coin from the saga.

On the other hand, Wario argued that the lower court’s verdict was defective.