[2019] KEHC 8259 (KLR)

[2019] KEHC 8259 (KLR)

The court found that the defendant, John Githongo, authored and deliberately caused the publication of the 'Githongo Dossier' to media houses and the public, beyond the privileged communication to the President and the Director of the Anti-Corruption Commission. The court rejected the defendant's claim of qualified privilege and public interest defences, holding that these would only have applied had the dissemination been limited to the appropriate authorities. The publication was found to be defamatory, as it depicted the plaintiff as corrupt, lacking integrity, and the mastermind of the Anglo-leasing scandal, without any factual basis or evidence presented by the defendant. The court...

Citation
[2019] KEHC 8259 (KLR)
Parties
Plaintiff: Dr. Christopher Ndarathi Murungaru; Defendant: John Githongo
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
2 May 2019
Case Number
Civil Suit 446 of 2006
Procedural Posture
Civil Suit / Judgment
Outcome
Judgment for the plaintiff.
Judges
JK Sergon
Legal Topics
Defamation, Libel, Damages Assessment, Qualified Privilege, Public Interest Defence
Source Language
English
Tort Law Civil Procedure Defamation Libel Damages Assessment Qualified Privilege Public Interest Defence

Case Brief

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Parties

Dr. Christopher Ndarathi Murungaru

Plaintiff

John Githongo

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendant published defamatory statements concerning the plaintiff.
  2. 2 Whether the publication was protected by qualified privilege or public interest defences.
  3. 3 Whether the plaintiff is entitled to damages for libel and, if so, the quantum.

Ratio Decidendi

The court found that the defendant, John Githongo, authored and deliberately caused the publication of the 'Githongo Dossier' to media houses and the public, beyond the privileged communication to the President and the Director of the Anti-Corruption Commission. The court rejected the defendant's claim of qualified privilege and public interest defences, holding that these would only have applied had the dissemination been limited to the appropriate authorities. The publication was found to be defamatory, as it depicted the plaintiff as corrupt, lacking integrity, and the mastermind of the Anglo-leasing scandal, without any factual basis or evidence presented by the defendant. The court...

Court Disposition

Judgment for the plaintiff.

Orders

  • An order of injunction restraining the defendant, his servants and agents from further publishing words or articles relating to the plaintiff linking him to corrupt activities and the Anglo-leasing affair.
  • Award of KES 20,000,000 as general damages for libel.