[2019] KEHC 11151 (KLR)
The court found that the supplementary list of documents was filed without leave of the court, but considered the merits regardless of procedural technicalities. The twitter thread sought to be admitted as evidence was authored by Cyprian Nyakundi, who is neither a party to the suit nor shown to be an agent or...
Source-derived case information.
- Citation
- [2019] KEHC 11151 (KLR)
- Parties
- Applicant: Patrick Nyoike; Defendant: Linus Gitahi; Defendant: Nation Media Group Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 330 of 2012
- Procedural Posture
- Civil Case / Ruling on Admissibility of Supplementary Evidence
- Outcome
- application dismissed
- Judges
- BT Jaden
- Legal Topics
- Admissibility of Evidence, Defamation, Supplementary Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Nyoike
Applicant
Linus Gitahi
Defendant
Nation Media Group Limited
Defendant
Procedural Posture
Civil Case / Ruling on Admissibility of Supplementary Evidence
Legal Issues
- 1 Whether the Plaintiff can rely on a supplementary list of documents as evidence without leave of the court.
- 2 Whether a twitter thread authored by a third party can be admitted as evidence against the Defendants.
- 3 Whether the Plaintiff has complied with the Evidence Act in seeking to admit the document.
Ratio Decidendi
The court found that the supplementary list of documents was filed without leave of the court, but considered the merits regardless of procedural technicalities. The twitter thread sought to be admitted as evidence was authored by Cyprian Nyakundi, who is neither a party to the suit nor shown to be an agent or employee of the Defendants. The Plaintiff did not establish a link between the alleged republication and the Defendants. Furthermore, the Plaintiff failed to comply with the requirements of the Evidence Act regarding the production of documents. As a result, the court sustained the objection and dismissed the application to admit the supplementary document.
Court Disposition
application dismissed
Orders
- The Plaintiff's application to rely on the supplementary list of documents is dismissed.
- Objection by the Defendants is sustained.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL CASE NO. 330 OF 2012
PATRICK NYOIKE...............................................PLAINTIFF/APPLICANT
VERSUS
LINUS GITAHI.....................................................................1ST DEFENDANT
NATION MEDIA GROUP LIMITED................................2ND DEFENDANT
RULING
1. The Plaintiff seeks to rely on a supplementary list of documents as his evidence herein. It is alleged that the Defendants through their agent, one Cyprian Nyakundi have continued to write defamatory material concerning the Plaintiff. That the said document is a twitter thread dated 18th June, 2018 by the said Cyprian Nyakundi.
2. The application is opposed. It is stated that the said Cyprian Nyakundi is not an employee of the Defendants. That if the said document is admitted as evidence then the said Cyprian Nyakundi ought to be the one to produce it in accordance with the provisions of the Evidence Act.
3. The Plaintiff’s reply is that the said Cyprian Nyakundi is unknown to him and will not be called as a witness. It is further argued that the republication of the story is evidence of the damage being occasioned to the Plaintiff.
4. I have considered the application and the response to the same.
5. Although the supplementary list of documents was filed without the leave of the court, I will delve into the merits of the application without undue regard to technicalities of procedure.
6. One Cyprian Nyakundi is not a Defendant herein. The question of republication by the Defendant herein does not therefore come in.
7. The Plaintiff’s only avenue if he wishes to produce the said document, should in accordance with the provisions of the Evidence Act Cap 80 Laws of Kenya. Based on what the Plaintiff’s counsel has stated in his oral application, the alleged republication is not linked to the Defendants herein. Consequently, the objection is sustained and the application dismissed.
Dated, signed and delivered in Nairobi this 12th day of March, 2019
B. THURANIRA JADEN
JUDGE