Two appellate judges have sued the Nation Media Group(NMG)for defamation arising from articles broadcast and published in its platforms linking the judges to fraudulent on directions they issued on IEBC electoral officers during 2017 electioneering period.
Justice Martha Koome and Justice Fatuma Sichale, say in the  plaint filed through their lawyer Macharia Kahonge that on  November 2 2017 the  defendant falsely and maliciously  broadcast and published a defamatory article against them.
The publication in issue defamed the judges as it portrayed them as  fraudulent and partisan to Jubilee Party, corrupt, dishonest incompetent judges and having no moral fibre, and that  they had breached  Chapter 6 of the  constitution on leadership and  integrity, their lawyer says.
” The appeal court is on edge, following allegations from a court  officer that stay orders issued last week, on Wednesday by a court of appeal, after a high court judge, Justice Odunga found that electoral officers in office were irregularly and unlawfully in office were fraudulent. He says the purported three bench made of Justice  Erastus Githinji, Martha Koome  and  Fatuma Sichale did not sit, Mboya claims only Githinji issued the orders without a formal sitting…” the murky court papers read.
The orders were then allegedly circulated to Martha Koome and Fatuma to sign…” they say.
The  judges say that Mboya was quoted as saying that  the appeal was never filed in the  court registry and that registry staff were being coerced to back date them.
Manipulate court officers
Its averred in the plaint that the defendant on  November 6 2017 in the NTV news  broadcast insinuated that the  two judges issued fraudulent orders and that they were part of attempt to manipulate court officers at appeal registry.
 It was broadcast that ” orders suspending ruling on IEBC returning officers were fraudulent,” says  the lawyer.
Lawyer  Kahonge points out that the articles as broadcast and published insinuated that  appellate judges had ill motive by working on the  October 25 2017 which happened to be  a public holiday “so that they  could rule in favor of  one  party in the case which they  handled that same date.”
He says that  notwithstanding the defendants on  the  February 25 2018 in the  Sunday Nation newspaper at page 12 falsely and  maliciously published an article entitled ” Jubilee to  fix judiciary, rolling full steam ahead” by writer Walter Menya.
At the hearing of the defamation suit the judges will be seeking for general  damages and exemplary damages.