Constitutional and Human Rights Division of the High Court in Nairobi, declined to grant Google Kenya’s prayers to be struck out of the case in which Ms Waiguru had sued Google Kenya and its parent company Google Incorporated.
Daily post Kenya is said to have posted a story on Ms Waiguru that she termed defamatory and malicious. Google has since been blamed for its careless for the articles publication. This sounds like a military procedure of solving issues where the seniors have to answer for the juniors shortcomings. However, Devolution Cabinet Secretary Anne Waiguru feels that boundaries of liability for online carriers of material posted by third parties are not defined.
Google Kenya has put across its predicaments arguing that the company is not responsible for publication of the defamatory material as the platform is owned by Google Inc. which pays the local operation marketing fee through Google Ireland.
The cabinet secretary’s line of accusation has indicated responsibility on the fact that Google Kenya is responsible for marketing and service support for its parent company. Justice Isaac Lenaola therefore declined to free Google Kenya from the suit saying it is too early to tell whether the firm was aware of the material by the local website or not.
The judge also put it clear that the firm would not suffer any prejudice by participating in the proceedings. Ms. Waiguru had earlier sought court orders compelling Google Kenya to reveal the identities of the owners of the website; Daily post so she can take offence against the publishers and in the same breath, Google was ordered to remove the material on site.
Here is the thing, blogging is similar to use of social media where democracy is on a different level and not as stringent as that of media houses governed by the government which was fast to apply ridiculous laws that the media should abide to but forgot about social media which is a major platform of venting, ranting and feedback today.
Google however is held responsible for powering this blogs and is the very reason they might be attending these proceedings longer. I would not at any time support the Cabinet Secretary however, you cannot punish the mother for mistake the child has done but because suing Google makes sense financially as opposed to suing the Daily post, then I would advise her to carry on.
Today, the audience has turned to reading blogs since they are sure of naked truths. Bloggers have no time or even the fancy of sugar coating like the mainstream media does to avoid suffering penalties of course due to the tight rules that bind them.
I wonder how any bloggers Waiguru will keep suing though. Opinion is here to stay and not to say anything put up on sites is the truth. It would be best to grow thick skin than keep hunting down writers who are entitled to opinion they say every rumour has some truth in it right? Bloggers have the freedom sort truth out and they always do.