[2025] KEHC 8138 (KLR)

[2025] KEHC 8138 (KLR)

The court found that the cause of action for defamation arose in Nairobi and/or Busia, not Kajiado, as the alleged defamatory publication was made and received in those locations. Under section 14 of the Civil Procedure Act, the suit could properly be instituted where the cause of action arose or where the defendant resided. The Respondent, however, filed the suit in Kajiado, his place of residence, which was not in accordance with the statutory requirements. The court further considered the convenience of witnesses, many of whom are based in Busia, and the accessibility of the Busia court for rural witnesses. The court concluded that the interests of justice and the overriding objective...

Citation
[2025] KEHC 8138 (KLR)
Parties
Applicant: Andrea Balongo; Respondent: Patrice Nyikuli
Court
High Court
Court Station
High Court at Kajiado
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Miscellaneous Civil Application E018 of 2023
Procedural Posture
Miscellaneous Civil Application / Ruling on Motion to Transfer and Stay Proceedings
Outcome
Application allowed; suit to be transferred to Busia; costs to Applicant.
Judges
CW Meoli
Legal Topics
Transfer of Suits, Defamation, Jurisdiction of Courts, Place of Suing
Source Language
English
Civil Procedure Tort Law Transfer of Suits Defamation Jurisdiction of Courts Place of Suing

Case Brief

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Parties

Andrea Balongo

Applicant

Patrice Nyikuli

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Motion to Transfer and Stay Proceedings

Legal Issues

  1. 1 Whether the Chief Magistrate's Court at Kajiado is the proper forum for the defamation suit.
  2. 2 Whether the subject suit should be transferred to the Chief Magistrate’s Court at Busia for hearing and determination.
  3. 3 Whether the requirements under sections 14, 15, and 18 of the Civil Procedure Act for transfer of suits are met.

Ratio Decidendi

The court found that the cause of action for defamation arose in Nairobi and/or Busia, not Kajiado, as the alleged defamatory publication was made and received in those locations. Under section 14 of the Civil Procedure Act, the suit could properly be instituted where the cause of action arose or where the defendant resided. The Respondent, however, filed the suit in Kajiado, his place of residence, which was not in accordance with the statutory requirements. The court further considered the convenience of witnesses, many of whom are based in Busia, and the accessibility of the Busia court for rural witnesses. The court concluded that the interests of justice and the overriding objective...

Court Disposition

Application allowed; suit to be transferred to Busia; costs to Applicant.

Orders

  • The subject suit in Kajiado CMCC No. E419 of 2021 is withdrawn from the Chief Magistrate’s Court at Kajiado and transferred to the Chief Magistrate’s Court at Busia for hearing and determination.
  • The costs of the motion are awarded to the Applicant in any event.