Controversial singer Willy Paul is smack in an unconstitutional defamation case.
On Monday, he got a fan called Dee Ruth arrested for claiming he has impregnated her. here is the thing, defamation is not a criminal case, so you can not get cops to do your bidding as Willy Paul did.
Read all about his police report below.
Willy Paul reports ‘pregnant’ fan to police for defamation (Photo)
Well, Ruth spoke to Mpasho where she detailed how she ended up getting arrested and detained from noon to 8 pm at Central Police Station.
“The arrest started as a set-up. I was told to go for an Interview in one of the leading TV stations for a cooking show.”
She says she was put behind bars for more than eight hours.
“Willy Paul was not with the police, he came later at the station,” she said.
“They wanted cash bail, I didn’t have money, so I don’t know why I was released because it got to a point I was released.”
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Willy Paul on the other hand says he took the legal action to clear his name.
“At the station, the girl mentioned everyone that sent her to ruin my name. It is some upcoming producers,” the singer told Mpasho.
Back in July 2017, The High Court ordered the Director of Public Prosecutions (DPP) to stop prosecuting journalist Kurgat Marindany on criminal defamation charges because the law was declared unconstitutional.
Delivering the judgment, Justice John Mativo said that Section 194 of the Penal Code is unconstitutional and its continued enforcement is unconstitutional.
The case arose after Marindany, a Star Reporter was charged with Criminal Defamation (Section 194 of the Penal Code) for writing a story describing what the Kajiado Governor uttered about the County Commissioner Harsama Kello at a public rally.
When the story was published, Kurgat was arrested at the behest of County Commissioner Kello. He was later charged under Section 194 of the Penal Code.
The section read,
“Any person who, by print, writing, painting or effigy, or by any means otherwise than solely by gestures, spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person, with intent to defame that other person, is guilty of the misdemeanour termed libel.”
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But Justice Mativo noted that the section had already been declared unconstitutional in February. The Court concluded that the invocation of criminal defamation for the purpose of protecting a personal reputation was “clearly excessive and patently disproportionate” and that there was an alternative civil remedy for defamation.
To get a full understanding of this, read the complete court ruling here.
This should guide our celebrities who are fond of running to the cop station to report defamation. Get a lawyer instead to deal with this as a civil case.
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