In a landmark ruling, the Media Complaints Commission has upheld a complaint against Mwamogusii TV for airing unverified and highly damaging allegations of witchcraft and murder.
On 18 November 2025 the Commission, sitting in Nairobi, found that a YouTube video uploaded by Mwamogusii TV on 21 July 2022 under the title “Amuua mamake kwa kusingizia ni mchawi (Suneka Bonchari)” breached several core provisions of the Code of Conduct for the Practice of Journalism in Kenya.
The clip falsely accused complainant Joseph Onchonga Kinanga of sacrificing his daughter and killing his mother through witchcraft.
Mr Kinanga maintained that the station published these grave accusations without any verification, refused him any right of reply, and caused him to lose his employment, suffer severe psychological distress, and face complete social ostracism in his community.
Mwamogusii TV and its Head of Content, Dennis Onyamo, argued that the story originated from requests by the complainant’s relatives in the United States.
They said they had interviewed close family members, including his brother Lawrence Kinanga and stepsister Elmeridah Nyaboke Kinanga, who implicated him in their mother’s death.
They also claimed Mr Kinanga never requested a right of reply and that the complaint was without merit.The Commission dismissed these defences.
It first ruled that the Code of Conduct applies to digital content creators such as the second respondent. With roughly 266,000 subscribers and a regular output of Kisii-focused news-style reporting, the channel qualifies as a media enterprise under the Media Council Act, regardless of formal accreditation status.
The Commission identified clear violations of Clause 2 on Accuracy and Fairness because the respondents failed to verify sensational claims of murder and witchcraft or to seek the complainant’s response before publication.
Clause 6 on the Right of Reply was breached by the complete absence of any attempt to contact Mr Kinanga prior to broadcast. Clause 12, which requires extreme caution when reporting on matters likely to inflame communal tensions, was also violated: the station handled culturally sensitive witchcraft beliefs with reckless disregard for the required restraint, directly contributing to the complainant’s exclusion from his community.
Although the Commission lacks jurisdiction under Section 38 of the Media Council Act to award damages for defamation, it imposed strong remedial measures.
Mwamogusii TV and the named respondents must permanently delete the video from all platforms within 48 hours, publish a standalone apology video within seven days, and pay fines of KShs 200,000 and KShs 50,000 respectively.
The second and third respondents are barred from publishing any further news content until they submit to the Media Council of Kenya a certificate confirming completion of an accredited programme in media ethics. No order as to costs was made.
The decision sends a clear message that both traditional broadcasters and influential digital channels must adhere to the same rigorous standards of verification, fairness and social responsibility, especially when dealing with incendiary allegations capable of destroying reputations and dividing communities.