[2024] KEHC 8452 (KLR)

[2024] KEHC 8452 (KLR)

The court found that the plaintiff failed to prove the essential elements of defamation. There was no evidence that the defendant published defamatory statements about the plaintiff to third parties at public rallies, on radio, or in the newspaper. The newspaper article did not refer to the plaintiff, and no...

Source-derived case information.

Citation
[2024] KEHC 8452 (KLR)
Parties
Plaintiff: Erick Ouma Okeyo; Defendant: Hon Joshua Asuma Owuor
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
20 June 2024
Case Number
Civil Suit 2 of 2014
Procedural Posture
Civil Suit / Judgment
Outcome
suit dismissed with costs to the defendant
Judges
JN Njagi
Legal Topics
Defamation, Libel, Malice, Qualified Privilege, Damages Assessment, Publication Requirement
Source Language
english
Tort Law Defamation Libel Malice Qualified Privilege Damages Assessment Publication Requirement

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Summary, issues, holding and outcome

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Parties

Erick Ouma Okeyo

Plaintiff

Hon Joshua Asuma Owuor

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendant published defamatory statements concerning the plaintiff to third parties.
  2. 2 Whether the statements referred to the plaintiff and were capable of being construed as defamatory.
  3. 3 Whether the statements were made with malice.

Ratio Decidendi

The court found that the plaintiff failed to prove the essential elements of defamation. There was no evidence that the defendant published defamatory statements about the plaintiff to third parties at public rallies, on radio, or in the newspaper. The newspaper article did not refer to the plaintiff, and no corroborating witnesses were called. Statements made in Parliament were privileged and could not be used as a basis for liability. The plaintiff also failed to establish malice or that the statements were defamatory in nature. Consequently, the court held that the plaintiff did not discharge the burden of proof required in a defamation claim and dismissed the suit with costs to the...

Court Disposition

suit dismissed with costs to the defendant

Orders

  • The plaintiff's suit is dismissed.
  • The plaintiff shall pay the costs of the suit to the defendant.