[2017] KEHC 6714 (KLR)

[2017] KEHC 6714 (KLR)

The High Court's jurisdiction is not ousted by Article 34(2) of the Constitution, as that provision prohibits state interference with the media but does not bar civil claims for defamation. Article 165(3) grants the High Court unlimited original jurisdiction in civil matters, including tort claims such as defamation, except as expressly limited by Article 165(5), which does not apply here. The Media Council of Kenya's mandate is limited to mediation and arbitration and cannot award compensation for defamation. The plaintiff established a prima facie case that the publication was false and damaging to his reputation, and the risk of further irreparable harm justified the grant of an...

Citation
[2017] KEHC 6714 (KLR)
Parties
Plaintiff: Peter Lai Muthoka; Defendant: The Standard Group
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
3 March 2017
Case Number
Civil Case 158 of 2016
Procedural Posture
Civil Case / Ruling on Preliminary Objection and Interlocutory Injunction Application
Outcome
Preliminary objection dismissed; interlocutory injunction granted in favour of the plaintiff.
Judges
JK Sergon
Legal Topics
Defamation, Interlocutory Injunctions, Freedom of Expression, Media Regulation
Source Language
English
Tort Law Civil Procedure Defamation Interlocutory Injunctions Freedom of Expression Media Regulation

Case Brief

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Parties

Peter Lai Muthoka

Plaintiff

The Standard Group

Defendant

Procedural Posture

Civil Case / Ruling on Preliminary Objection and Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear and determine a defamation suit against a media house in light of Article 34(2) of the Constitution.
  2. 2 Whether the plaintiff has established grounds for the grant of an interlocutory injunction to restrain further publication of alleged defamatory material.

Ratio Decidendi

The High Court's jurisdiction is not ousted by Article 34(2) of the Constitution, as that provision prohibits state interference with the media but does not bar civil claims for defamation. Article 165(3) grants the High Court unlimited original jurisdiction in civil matters, including tort claims such as defamation, except as expressly limited by Article 165(5), which does not apply here. The Media Council of Kenya's mandate is limited to mediation and arbitration and cannot award compensation for defamation. The plaintiff established a prima facie case that the publication was false and damaging to his reputation, and the risk of further irreparable harm justified the grant of an...

Court Disposition

Preliminary objection dismissed; interlocutory injunction granted in favour of the plaintiff.

Orders

  • The defendant is restrained from further publishing or causing to be published words defamatory of the plaintiff pending the hearing and determination of the suit.
  • Costs shall abide the outcome of the suit.