[2013] KEHC 6662 (KLR)

[2013] KEHC 6662 (KLR)

The court found that while the words published in the Star Newspaper were defamatory and referred to the plaintiff, there was no evidence directly linking the defendant to the publication or authorship of the statements. The plaintiff admitted he was not present at the alleged press conference and did not call any witness from the newspaper to establish the source of the publication. The defendant's express denial placed the burden on the plaintiff to prove publication by the defendant, which he failed to do. Consequently, the plaintiff did not prove all the elements of defamation on a balance of probabilities. The suit was dismissed for lack of proof that the defendant published the...

Citation
[2013] KEHC 6662 (KLR)
Parties
Plaintiff: Phinehas Nyagah; Defendant: Hon. Gitobu Imanyara
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
2 August 2013
Case Number
Civil Suit 697 of 2009
Procedural Posture
Civil Suit / Judgment
Outcome
suit dismissed
Judges
GV Odunga
Legal Topics
Defamation, Libel, Malice, Burden of Proof, Damages Assessment
Source Language
English
Tort Law Defamation Libel Malice Burden of Proof Damages Assessment

Case Brief

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Parties

Phinehas Nyagah

Plaintiff

Hon. Gitobu Imanyara

Defendant

Procedural Posture

Civil Suit / Judgment

Legal Issues

  1. 1 Whether the defendant published defamatory statements concerning the plaintiff.
  2. 2 Whether the statements were false, malicious, and referred to the plaintiff.
  3. 3 Whether the plaintiff proved all elements of the tort of defamation on a balance of probabilities.

Ratio Decidendi

The court found that while the words published in the Star Newspaper were defamatory and referred to the plaintiff, there was no evidence directly linking the defendant to the publication or authorship of the statements. The plaintiff admitted he was not present at the alleged press conference and did not call any witness from the newspaper to establish the source of the publication. The defendant's express denial placed the burden on the plaintiff to prove publication by the defendant, which he failed to do. Consequently, the plaintiff did not prove all the elements of defamation on a balance of probabilities. The suit was dismissed for lack of proof that the defendant published the...

Court Disposition

suit dismissed

Orders

  • The suit is dismissed for failure to prove the tort of defamation on a balance of probabilities.
  • No order as to costs.