Veteran radio presenter best known for his show Roga Roga has made true his threat to sue MCA Robert Alai for posting on Facebook that he is HIV positive and also a tribalist.
Through lawyer Danstan Omari, Obachi has sued Alai seeking for Sh 60 M in damages for the harm the false publication on social media has caused him.
According to court papers, Alai posted false, malicious, and injurious statements concerning his health, ethnicity and mental condition via his Facebook account, registered under his name “Robert Alai”.
The post read “@Fred Obachi Machoka OGW I feel your ethnic rage. It’s just ethnic. Your problem is supply of ARVs not Presidency. Democracy also entails me telling you that. Where is the insult in saying the thigs Matiang’i did? Does HIV bring insanity nowadays?”
Omari argues that the said publication left no room for doubt that the statements were directed at his client, as Alai expressly tagged Obachi’s Facebook account registered under the name ‘Fred Obachi OGW’.
“These assertions are categorically false, unsubstantiated, and were disseminated with clear malice aforethought, with the intention of injuring our client’s character, reputation, and standing in both his personal and professional capacities,” the suit reads in part.
In his affidavit to court, Obachi says he is HIV negative and not positive as falsely and maliciously alleged by blogger turn politician.
“The Plaintiff has never taken antiretroviral medication (ARVs) and the claims by the defendant are false and malicious,” the petition reads.
Further, he argues that it is both legally and medically untenable for Alai to purport to diagnose his HIV status through a Facebook publication, based solely on visual observation or personal opinion.
On the issue of ethnicity, Obachi says he does not subscribe to or propagate to any form of ethnic discourse, having consistently conducted himself in a manner that upholds unity, inclusivity, and national cohesion.
Obachi has also refuted claims that he is mentally ill as alleged by Alai saying he has never been diagnosed with any mental illness, and has at no time been admitted to or treated at any mental health facility.
“The plaintiff has been actively involved in the broadcast media industry for a period spanning forty-seven years, during which time they have distinguished themselves as a highly influential and respected figure, cultivating a loyal and widespread following,” Omari says.
They also claim that Obachi’s reputation extends beyond the borders of Kenya, enjoying recognition and influence on a regional and international scale.
According to court documents, Obachi has over 480,000 followers on Facebook and by Alai tagging him on the post, it exposed the defamatory content to a wider audience.
