Kenyan tycoon Madatali Saberali Chatur has lost a long legal battle against K24 TV and several journalists after the Court of Appeal dismissed his case, originating from a defamation suit originally filed in 2011.
Chatur, a businessman known for his real estate and industrial interests, had accused K24’s parent company, Regional Reach Media Company Ltd, and the journalists of airing defamatory content.
Further, the billionaire accused journalists Farah Habib, Josephine Maina, and Maria Galang, among others of airing the content that linked him to terror-related narratives.
However, on 31st July 2025, Justices Daniel Musinga (P), Fred Tuiyott, and George Odunga threw out Civil Appeal No. 543 of 2019, because of an incomplete record.
They also cited a lack of sufficient grounds to overturn the High Court’s decision to dismiss the suit for non-attendance.
There has to be an end to litigation, and a plaintiff who drags other parties to court should be prepared to prosecute his matter expeditiously.
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Details of the Case Filed by Madatali Saberali Chatur
Chatur’s legal troubles began in 2011 when he sued K24 TV (Regional Reach Media Company Ltd) and several public figures and activists, including lawyer Harun Ndubi and human rights advocate Al-Amin Kimathi.
He claimed that they had linked him to false terrorism allegations in a broadcast aired by K24.
However, the case stalled for several years and was eventually dismissed by the High Court in December 2018, after Chatur failed to appear in court for the hearing.
This despite multiple prior adjournments and warnings from the bench.
He claimed that he was unwell and had just returned from overseas treatment, but the court found no recent or compelling medical documentation to support that.
“Upon perusal, the court notes that there is no evidence that the plaintiff has been treated recently and the documents do not portray a patient who cannot be able to attend court for the hearing of his case,” Justice L. Njuguna stated in the 2018 ruling
Court Dismisses Appeal by the Tycoon
Chatur then filed Civil Appeal No. 543 of 2019 seeking to overturn the High Court’s decision, arguing that his right to a fair hearing had been violated.
However, the appellate judges said the businessman had failed to submit a complete record of appeal, including the medical documents on which his argument for adjournment had stemmed.
“Without a full record of proceedings and the relevant medical documents, we are unable to test the exercise of the trial court’s discretion,” read part of the Court of Appeal ruling.
Additionally, the court noted that Chatur’s suit had already benefited from multiple adjournments and that he had been given sufficient opportunity to prosecute his case.
“The appellant was indolent and not keen on prosecuting his case,” the judgment stated.
As a result, the appeal was dismissed with costs awarded to the first respondent, Farah Habib.
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Details of the Publication by K24
Although the original broadcast in question was not publicly re-aired during the proceedings, Chatur claimed that the material portrayed him in a negative and false light, associating him with terrorism and mischaracterizing his business activities.
The other respondents, including K24’s reporters and public interest advocates, argued the reporting was done in good faith, in the public interest, and with sources available at the time.
Their legal teams also pointed out Chatur’s delay in pursuing justice.
In earlier filings, the 2nd and 3rd respondents, Ndubi and Kimathi, opposed Chatur’s application for a stay of proceedings, arguing that the tycoon had inexcusably failed to prosecute his suit for over seven years.
Regional Reach Media Company Ltd, which operated K24 TV at the time, was at the center of the suit.
However, the company has since undergone ownership transitions and is no longer the main operator of the K24 brand, which is now under Mediamax Network Ltd.
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