[2017] KEHC 6434 (KLR)

[2017] KEHC 6434 (KLR)

The court found that the plaintiff was a minor at the material time and that the defendant published his name and photo in violation of section 76(5) of the Children’s Act, which prohibits publication of identifying information about children involved in criminal proceedings. The court rejected the defendant’s argument that the claim was time-barred as a defamation action, holding that the amended plaint abandoned the defamation claim in favor of a statutory claim for violation of child rights and privacy. The court also found that the apology published by the defendant did not constitute a full remedy under the Act, as no criminal conviction had occurred. However, the court considered...

Citation
[2017] KEHC 6434 (KLR)
Parties
Plaintiff: TNN; Defendant: The Star Publications Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
20 April 2017
Case Number
Civil Case 72 of 2014
Procedural Posture
Civil Case / Judgment
Outcome
Judgment for the plaintiff; nominal damages awarded.
Judges
LM Njuguna
Legal Topics
Child Privacy, Media Reporting on Minors, Statutory Protection of Children, Damages for Rights Violation
Source Language
English
Family and Children Tort Law Child Privacy Media Reporting on Minors Statutory Protection of Children Damages for Rights Violation

Case Brief

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Parties

TNN

Plaintiff

The Star Publications Ltd

Defendant

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the plaintiff's rights under section 76(5) of the Children’s Act, 2001 were violated by the defendant.
  2. 2 Whether the plaintiff is entitled to the remedies sought, including damages and an apology.
  3. 3 Whether the plaintiff's claim raises a reasonable cause of action under civil law or is time-barred as a defamation claim.

Ratio Decidendi

The court found that the plaintiff was a minor at the material time and that the defendant published his name and photo in violation of section 76(5) of the Children’s Act, which prohibits publication of identifying information about children involved in criminal proceedings. The court rejected the defendant’s argument that the claim was time-barred as a defamation action, holding that the amended plaint abandoned the defamation claim in favor of a statutory claim for violation of child rights and privacy. The court also found that the apology published by the defendant did not constitute a full remedy under the Act, as no criminal conviction had occurred. However, the court considered...

Court Disposition

Judgment for the plaintiff; nominal damages awarded.

Orders

  • The defendant shall pay the plaintiff KShs. 100,000 as nominal damages for violation of statutory protection and right to privacy.
  • The defendant shall bear the costs of the suit.