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Kenya decisions
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The High Court struck out a constitutional petition by a copyright enforcement agency, finding the Attorney General was not a necessary party and the dispute was really defamation.
Christian v Gathoni t/a Tivoli Homes Limited (Constitutional Petition E024 of 2023) [2026] KEHC 12511 (KLR) (30 July 2026) (Judgment)
The Petition was dismissed because it was a private tenancy and related civil dispute dressed up as a constitutional claim, the alleged infringements were not pleaded with precision, adequate civil and criminal remedies existed, and the claim was also incompetent for misjoinder since the cited limited company was not the actual landlord.
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Motari v Kenya Institute of Management & another (Cause E399 of 2020) [2026] KEELRC 1897 (KLR) (2 July 2026) (Judgment)
The dismissal was unfair and unlawful because the 1st Respondent failed to prove a valid and justifiable reason for termination and failed the procedural fairness test. It relied on unproduced external reports, conducted no independent investigations as its own policy required, withheld the material from the Claimant, and denied him a meaningful appeal. The defamation claim failed because the Claimant proved no publication by the Respondents.
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Kamau & another v Kingdom Bank Limited (Civil Suit E001 of 2022) [2026] KEHC 6242 (KLR) (8 May 2026) (Judgment)
The suit failed because the criminal case was withdrawn by consent after the 1st plaintiff settled the bank’s claim by paying Ksh 30,500, so the termination was not a favorable vindication for malicious prosecution purposes; the defendant was only the complainant and did not arrest, detain, or prosecute the plaintiff; the defamation claim was both unparticularized and time-barred; and the remaining damages were unsupported, speculative, and causally disconnected from any unlawful conduct by the defendant.
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Kipchirchir v Hornbill Rongai Limited (Civil Case E017 of 2022) [2026] KEHC 5928 (KLR) (30 April 2026) (Judgment)
The Defendant failed to obtain valid, informed consent from the Plaintiff for the commercial publication of his image, violating his rights to privacy, publicity, and human dignity. The Plaintiff did not prove defamation due to lack of evidence from third parties regarding reputational harm. The court awarded damages for privacy and publicity violations and granted a permanent injunction.
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Ndaa v Gichohi (Civil Appeal 634 of 2019) [2026] KECA 850 (KLR) (30 April 2026) (Judgment)
The Court of Appeal allowed a defamation appeal, finding the appellant’s letters were substantially accurate responses to false information and were not defamatory.
Bwire v Mbogo (Civil Appeal E043 of 2025) [2026] KEHC 5487 (KLR) (29 April 2026) (Judgment)
The High Court allowed a defamation appeal, held a Facebook publication defamatory, rejected fair comment, and awarded damages and costs.
Barako v Equity Bank Limited (Cause E053 of 2025) [2026] KEELRC 1040 (KLR) (24 April 2026) (Ruling)
The Claimant established a prima facie case and demonstrated a real risk of irreparable harm to his employment prospects if the Respondent issues negative references before the legality of his termination is determined. The balance of convenience favours restraining the Respondent pending the main suit.
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Ondimu & another v Equity Bank (Kenya) Limited (Civil Suit E194 of 2024) [2026] KEHC 4904 (KLR) (Commercial and Tax) (16 April 2026) (Ruling)
The preliminary objection failed because it did not raise pure points of law and was speculative regarding damages and jurisdiction. The High Court retains jurisdiction to hear the suit, including claims for constitutional infringement and damages exceeding the Magistrates Court's pecuniary limits.
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The Court of Appeal upheld liability for libel over a newspaper article linking the respondent to drugs and illegal sugar imports, and increased general damages to Kshs. 10 million.
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