Former Chief Justice Willy Mutunga wants a media house held liable and ordered to pay damages for defamation.
This is in a case where the ex-CJ sued the Standard Group for allegedly publishing libelous stories about his divorce case.
On Monday, Mutunga told High court judge Beatrice Thuranira that the stories published by The Nairobian were not only false and malicious but meant to portray him in a bad way.
He said they were published when he was heading the judiciary as the president of the Supreme Court.
Mutunga said the newspaper, in its September 26, 2014, edition, published a falsehood about the divorce case.
He filed for divorce in 2009, which Justice G B M Kariuki granted in July 2012, citing cruelty on the part of the defendant.
But Mutunga in an affidavit says, “It was falsely and maliciously published and the defendant never called me to verify the claims.”
The former CJ is seeking general damages for libel, exemplary damages for malicious libel as well as general damages for malicious falsehood.
He also wants a permanent injunction, restraining the Standard Group Ltd from ever publishing similar claims, issued.
The media house has defended itself, arguing that the article was not defamatory and portrayed fair comments of the then-pending divorce case.
The case will continue on March 27.