[2008] KEHC 3090 (KLR)
The court found that the plaintiff had established a prima facie case with high chances of success, as the issues raised in the articles published by the defendant were serious and affected the plaintiff's person, credibility, reputation, and profession. The court held that damages would not be an adequate remedy...
Source-derived case information.
- Citation
- [2008] KEHC 3090 (KLR)
- Parties
- Plaintiff: Wanjuki Muchemi; Defendant: Headlink Publishers Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 79 of 2008
- Procedural Posture
- Civil Case / Interlocutory Application for Injunction
- Outcome
- interlocutory injunction granted
- Legal Topics
- Defamation, Interlocutory Injunctions, Reputation Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wanjuki Muchemi
Plaintiff
Headlink Publishers Limited
Defendant
Procedural Posture
Civil Case / Interlocutory Application for Injunction
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendant from publishing further articles concerning him pending the hearing and determination of the suit.
- 2 Whether damages would be an adequate remedy for the alleged harm to the plaintiff's reputation.
Ratio Decidendi
The court found that the plaintiff had established a prima facie case with high chances of success, as the issues raised in the articles published by the defendant were serious and affected the plaintiff's person, credibility, reputation, and profession. The court held that damages would not be an adequate remedy for the harm alleged. Since the application was unopposed and meritorious, the court granted the interlocutory injunction restraining the defendant from publishing, circulating, or disseminating any further articles concerning the plaintiff pending the hearing and determination of the suit. Costs were ordered to be in the cause.
Court Disposition
interlocutory injunction granted
Orders
- The defendant is restrained from publishing, circulating, or disseminating in any manner whatsoever any further articles concerning the plaintiff or his business or any matter affecting or relating to him pending the hearing and determination of the suit.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 79 of 2008
WANJUKI MUCHEMI ………………………....………….. PLAINTIFF
VERSUS
HEADLINK PUBLISHERS LIMITED ………………… DEFENDANT
RULING
The weekly Citizen, which is a weekly newspaper run several articles during the months of February and March this year, in which they claimed to have revealed ‘shocking’ on-goings at the Kenyan Solicitor General’s office. Being aggrieved by the same the Solicitor General initially instituted a suit against Headlink Publishers Ltd., (the respondent/company), who it is said is the publisher of the said weekly.
He simultaneously moved this court in an application in which he seeks orders to restrain the said company from publishing, circulating or disseminating in any manner whatsoever any further articles concerning him or his business or any matter affecting or relating to him pending the hearing and determination of the application.
The court declined to hear him ex-parte at the first instance and he was ordered to serve it for inter-partes hearing.
His counsel appeared before me yesterday and urged me to grant his client a restraining order in the above terms, save that it would apply pending the hearing and determination of the suit, not only because his application was meritorious but that though served, it had not been opposed by the company.
It is evident that though served, the company did not file any pleadings in objection, nor was it represented during and in my view the application is unopposed. I have nevertheless perused the application and the supporting affidavit and I form the opinion that the applicant has a prima facie case with high chances of success. The issues raised in the articles are serious. They not only touch on his person, credibility and reputation but also on his profession, damages would thus not be an adequate remedy.
I do find that the application is meritorious and do grant him the order which he seeks. Costs shall however be in the cause.
Dated and delivered at Nairobi this 19th day of March 2008.
JEANNE GACHECHE
Judge
Delivered in the presence of:
Mr. Mwenda for the Applicant
No appearance for the Respondent