[2017] KEELC 2717 (KLR)
The court found that some of the media reports concerning the proceedings were not accurate. However, it declined to make a finding on whether the reports were biased or unfair, citing the ongoing complaint before the Media Council Complaints Commission and the need to avoid prejudicing those proceedings or making...
Source-derived case information.
- Citation
- [2017] KEELC 2717 (KLR)
- Parties
- Plaintiff: Muthaiga Luxury Homes Limited; Defendant: United States International University; Defendant: Maestro Connections Health Systems Ltd; Defendant: H. E. Daniel Toroitich Arap Moi; Defendant: Chief Land Registrar; Defendant: Director of Survey; Defendant: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 1040 of 2016
- Procedural Posture
- Civil Suit / Ruling on Media Reporting and Directions
- Outcome
- Warning issued to media; liberty granted to parties to seek further orders on misreporting.
- Legal Topics
- Media Reporting in Court, Fair Trial Rights, Court Directions on Conduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muthaiga Luxury Homes Limited
Plaintiff
United States International University
Defendant
Maestro Connections Health Systems Ltd
Defendant
H. E. Daniel Toroitich Arap Moi
Defendant
Chief Land Registrar
Defendant
Director of Survey
Defendant
Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Media Reporting and Directions
Legal Issues
- 1 Whether media reports on the proceedings were fair and accurate.
- 2 What directions the court should give regarding future media coverage of the proceedings.
Ratio Decidendi
The court found that some of the media reports concerning the proceedings were not accurate. However, it declined to make a finding on whether the reports were biased or unfair, citing the ongoing complaint before the Media Council Complaints Commission and the need to avoid prejudicing those proceedings or making determinations without hearing the media house involved. The court issued a warning to all media houses to report proceedings fairly and accurately, failing which they would be barred from covering the proceedings. The court also granted liberty to any party aggrieved by future misreporting to apply for appropriate orders and remedies.
Court Disposition
Warning issued to media; liberty granted to parties to seek further orders on misreporting.
Orders
- All media houses covering these proceedings are warned to report fairly and accurately, failing which they shall be barred from covering the proceedings.
- Liberty is granted to any party aggrieved by further misreporting or unfair coverage to move the court for such orders and remedies as may be necessary.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
MILIMANI LAW COURTS
ELC CIVIL SUIT NO. 1040 OF 2016
MUTHAIGA LUXURY HOMES LIMITED…………………..…… PLAINTIFF
VERSUS
UNITED STATES INTERNATIONAL UNIVERSITY ……….1ST DEFENDANT
MAESTRO CONNECTIONS HEALTH SYSTEMS LTD…...2ND DEFENDANT
H. E. DANIEL TOROITICH ARAP MOI…………...…......…3RD DEFENDANT
CHIEF LAND REGISTRAR…………………………...……..4TH DEFENDANT
DIRECTOR OF SURVEY………………………………...…5TH DEFENDANT
ATTORNEY GENERAL…………………………………..…6TH DEFENDANT
RULING
When this suit came up for mention on 26th April, 2017 Mr. Githara advocate who appears for the Plaintiff drew the attention of the court to the reports on these proceedings which were carried in the Daily Nation Newspaper on 6th October, 2016, 27th October, 2016, 19th January, 2017, 20th January, 2017 which he claimed were neither fair nor accurate. Mr. Githara informed the court that he had lodged a formal complaint on behalf of the Plaintiff with the Media Council Complaints Commission against the media house concerned. Having looked at the reports, I am in agreement with Mr. Githara that some of them are not accurate. As to whether the reports were biased and unfair, I do not wish to make any comment so as not to prejudice the proceedings before the Media Council Complaints Commission. It would also not be fair to make such determination without giving Nation Media Group a hearing. From this court, the message I wish send out is that of a warning to all media houses covering these proceedings to report the proceedings fairly and accurately failure to which they shall be barred from covering the proceedings. I will give liberty to any party aggrieved by any further misreporting or unfair coverage to move the court for such order and other remedies that may be necessary. Those shall be the orders of this court.
Delivered and signed this 2nd day of June, 2017
S. OKONG’O
JUDGE
In the presence of
Mr. Githara for the Plaintiff
Mr. Sifuma for the 1stDefendant
Mr. Okatch for the 2nd Defendant
Ms. Nyagah for the 3rd Defendant
Mr. Kamau for the 4th, 5th and 6th Defendant
Ms. Nyokabi Court Assistant