Kenya Case Law

Gitau v Mbugua

Gitau v Mbugua [2025] KEHC 7626 (KLR)

Court

High Court

Case number

Civil Suit 546 of 2010

Judge

SN Mutuku

The court found that the Applicant failed to demonstrate any error apparent on the face of the record as required under Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules. The alleged errors raised by the Applicant, including the claim of absolute privilege and failure to prove defamation, were not self-evident and would require elaborate arguments and re-examination of evidence, which is not the purpose of a review application. The court emphasized that review is not an avenue to re-argue a case or sit on appeal over its own or a concurrent court's decision. The…

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• Defamation
• Review Of Judgment
• Error Apparent On Record
• Absolute Privilege
• Damages Award

Muiruri v OP Ngoge t/a OP Ngoge & Associates, Advocates

Muiruri v OP Ngoge t/a OP Ngoge & Associates, Advocates [2024] KEHC 9573 (KLR)

Court

High Court

Case number

Civil Case 813 of 2007

Judge

JN Mulwa

The court found that the defendant's preliminary objection did not raise a pure point of law as required by the principles in Mukisa Biscuits Manufacturing Ltd v West End Distributors Ltd. The issues raised by the defendant, including res judicata and privilege, were intertwined with disputed facts that required ascertainment through evidence. The court held that a preliminary objection cannot be sustained where the facts are contested or require proof. Additionally, the court affirmed that it retains jurisdiction to hear the matter even where the underlying proceedings are administrative or…

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• Defamation
• Preliminary Objection
• Absolute Privilege
• Res Judicata
• Judicial Officer Immunity

Muriuki v Standard Limited & another

Muriuki v Standard Limited & another [2023] KEHC 21729 (KLR)

Court

High Court

Case number

Civil Case 119 of 2010

Judge

AN Ongeri

The High Court held that newspaper reports wrongly describing a complainant as the plaintiff’s wife were not protected by absolute privilege and awarded defamation damages.

• Defamation
• Absolute Privilege
• Media Liability
• Fair And Accurate Reporting
• Absolute-privilege
• Media-law

Standard Media Group Ltd & 2 others v AMW & another

Standard Media Group Ltd & 2 others v AMW & another [2023] KEHC 21358 (KLR)

Court

High Court

Case number

Civil Appeal E028 of 2021

Judge

CW Meoli

The court found that the 1st respondent failed to prove a key ingredient of defamation: that the statements published by the appellants were defamatory of her in the eyes of right-thinking members of society. The only evidence of reputational harm was the 1st respondent's own testimony, with no third-party evidence to show that her reputation was lowered or that she was shunned or ridiculed as a result of the publication. The court further held that the statements in the impugned article were substantially derived from pleadings in the divorce proceedings and, while sensationalized, amounted…

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• Defamation
• Absolute Privilege
• Burden Of Proof
• Media Law
• Damages Assessment

Mwilu v Radio Africa Limited & another

Mwilu v Radio Africa Limited & another [2023] KEHC 4055 (KLR)

Court

High Court

Case number

Civil Case 296 of 2016

Judge

AN Ongeri

The High Court dismissed Philomena Mbete Mwilu’s defamation suit, finding the Star article did not identify her and was protected by privilege.

• Defamation
• Libel
• Qualified Privilege
• Absolute Privilege
• Malice
• Fair Comment

Dhanjal v Standard Group & another

Dhanjal v Standard Group & another [2023] KEHC 17535 (KLR)

Court

High Court

Case number

Civil Suit 53 of 2019

Judge

DKN Magare

The court found that the publication in question was a fair and accurate report of ongoing court proceedings in the succession cause concerning the estate of Jaswant Singh Boor Singh Dhanjal. The majority of the words complained of did not refer to the plaintiff directly or by innuendo, and those that did were true in fact, reflecting judicial findings and affidavits on record. The plaintiff had been removed as administrator for misconduct and intermeddling with the estate, and the article accurately reported these facts. The defence of absolute privilege under section 6 of the Defamation Act…

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• Defamation
• Absolute Privilege
• Media Law
• Court Reporting
• Succession Disputes
• Injunctions

Wangai v Tsimbiri & 10 others

Wangai v Tsimbiri & 10 others [2023] KEELRC 827 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Cause 11 of 2020

Judge

HS Wasilwa

The court dismissed a defamation claim arising from university disciplinary proceedings, finding no proof that the alleged statements were published outside the internal process.

• Workplace Defamation
• Disciplinary Procedure
• Absolute Privilege
• Internal Investigations
• Publication Requirement
• Workplace-defamation

J.P. Machira t/a Machira & Company Advocates v Mwangi & another

J.P. Machira t/a Machira & Company Advocates v Mwangi & another [2023] KECA 228 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 175 of 2019

Judges

HM Okwengu, A Ali-Aroni, JM Mativo

The Court of Appeal held that the newspaper reports were fair and accurate accounts of judicial proceedings and were absolutely privileged under section 6 of the Defamation Act.

• Defamation
• Absolute Privilege
• Fair And Accurate Reporting
• Damages Assessment
• Libel
• Judicial Proceedings

Ongoche v Okoth t/a GS Okoth & Company Advocates

Ongoche v Okoth t/a GS Okoth & Company Advocates [2023] KECA 203 (KLR)

Court

Court of Appeal

Case number

Civil Appeal 44 of 2019

Judges

PO Kiage, M Ngugi, F Tuiyott

The Court of Appeal held that statements made in proceedings before the Advocates Complaints Commission were protected by absolute privilege, so the defamation claim failed.

• Defamation
• Absolute Privilege
• Quasi Judicial Bodies
• Advocates Complaints Commission
• Absolute-privilege
• Quasi-judicial-bodies

Oduory v National Council for Law Reporting & 2 others

Oduory v National Council for Law Reporting & 2 others [2021] KEHC 4931 (KLR)

Court

High Court

Case number

Civil Suit E211 of 2020

Judge

SJ Chitembwe

The High Court dismissed a defamation and discrimination suit over Kenya Law’s publication of an Employment and Labour Relations Court judgment.

• Defamation
• Absolute Privilege
• Judicial Reporting
• Anonymization Guidelines
• Vicarious Liability
• Absolute-privilege