Media to cover defamation case against Baobab Beach Resort, Justice Mirima rule
A High Court has dismissed an application by a South Coast based hospitality outlet, Baobab Beach Resort seeking to bar media from covering court proceedings in a case they have been sued for allegedly defaming a tour operator.
In his ruling, Justice Antony Mirima decreed that the case against the defendant is of public interest and that the application to bar media from covering the case lacks merit and ill intended.
“I hereby dismiss it and allow the media to cover the proceedings in open court.” The judge ruled.
Justice Mirima issued the directions during the mention of a case in which Dancan Muriuki has sued Boabab Beach Resort in South Coast over defamation and also for being barred access into the hotel.
Through his lawyer Wilfred Nderitu, Muriuki is urging the court to bar the managers of the resort not to hinder his access to the facility where he takes guests touring the coastal region.
Further, the plaintiff is urging the court to compel the defendant to expunge from the Facebook account some alleged defamatory postings.
Baobab Resort in Mombasa’s Diani Beach area had through their advocate sought to have the orders by High Court Judge Mumbi Ngugi stayed until they present evidence in relation to the defamatory statements.
On May 29, Justice Ngugi ordered the hotel to expurge the offending words from a Facebook account and not to publish anything about Muriuki until the suit is determined.
The hotel has been accused of locking out local visitors, including tour operators picking up guests.
Muriuki has stated in his court pleadings that he was denied entry to the resort.
‘I cannot believe that in this day and age, some beach hotels at the Kenyan coast will not allow locals to enjoy the services which they advertise. I am sad that some hotels still discriminate against people based on colour,” said Muriuki in his evidence to the court.
This comes after the hotel wrote him a letter of apology “for the unpleasant experience at our resort’s main gate a while ago.
Muriuki who is also the managing director of Destination Africa (DMC) Limited, is embroiled in a legal battle with the hotel following a business disagreement.
The case has been listed for hearing in November 2021.
