RAINBOW Party leader Wynter Kabimba and Millennium Radio station manager Patricia Chibiliti have denied defaming Dr Fred M’membe saying their reference to the homosexual story involving the Socialist party was a fair comment on a matter of public interest and discourse in the country.
Dr M’membe, the Socialist Party 2021 presidential candidate and party general secretary Dr Cosmas Musumali, sued Kabimba, Millennium Radio and the Daily Nation for defamation of character.
Dr M’membe and Dr Musumali are seeking damages for defamation of character against the defendants for publishing defamatory words against them with intent to damage their reputation.
But Kabimba and Chibiliti have denied defaming Dr M’membe, saying they will demonstrate at trial that the quoted words did not, in any way, defame the plaintiffs.
The defendants stated that the words complained of did not in any way refer or point to Dr M’membe or the Socialist Party.
“They therefore, have not been seriously injured in their reputation or brought into public ridicule, scandal or odium or that they have suffered distress or embarrassment as alleged,” the defence read further.
The defendants further stated that they will demonstrate that there was no malice as alleged by Dr M’membe and Dr Musumali as the same words constituted fair comment on a matter of public interest and that they had not suffered any damage at all.
Dr M’membe and Dr Musumali are in this matter also seeking an order of injunction to restrain the defendants from further referring to the homosexual story.
The radio station featured Kabimba on a programme where he alleged that he differed with the Socialist Party over sexual orientation.
Daily Nation also published an article on April 24 quoting Kabimba over the same sentiments he uttered on the radio programme.