Kileleshwa Member of County Assembly (MCA) Robert Alai has asked a Nairobi court to throw out a defamation case filed against him by veteran broadcaster Fred Machoka, insisting he is not the person being accused.
In court papers, Mr Alai said the name listed in the case does not match his legal identity. “I am not the Defendant herein as my name is Robert Alai Onyango and not the name presented as the Defendant,” he stated in his affidavit.
Mr Alai also denied operating any social media accounts, distancing himself from a Facebook page said to have published offensive remarks about Mr Machoka. “I neither own nor operate any social media account, specifically a Facebook account under the name Robert Alai as the Plaintiff has claimed,” he told the court.
The MCA said he has never met, seen, or even heard of Mr Machoka personally, adding that he had no reason to make any comment about him. “I have never defamed nor uttered any falsehoods about the Plaintiff as I have never heard about him nor do I know of him,” he said.
When the case was mentioned in court, Mr Machoka’s lawyer, Danstan Omari, said his client was open to an amicable settlement. However, he noted that talks could not proceed since the defendant denied being responsible for the online posts in question.
“The judge asked whether the parties have tried to settle the matter, but the court was informed that they have disowned and said that it is not them. You cannot enter into a discussion with a person who says it’s not him—it seems we are dealing with a case of mistaken identity,” Mr Omari said after the hearing.
Mr Omari added that Mr Machoka remained ready to listen and engage constructively “should the right parties come forward.”
Mr Alai, meanwhile, urged the court to dismiss the case with costs, arguing it had no merit. “The Plaintiff has no cause of action against me,” he said.
The court is expected to give further directions on the matter in the coming days.
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