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Kenya decisions
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Rutto v Langat & another [2025] KECA 1276 (KLR)
Court of Appeal upheld a libel finding, rejected fair comment and qualified privilege, but replaced joint liability with 70:30 apportionment.
Kenya Broadcasting Corporation t/a KBC Radio Taifa & KBC English Service & 3 others v Keitany [2025] KEHC 9169 (KLR)
The court found that the Appellants published unequivocally defamatory statements about the Respondent without verifying their accuracy or seeking his response, thereby breaching journalistic ethics and constitutional obligations. The Appellants' defences of fair comment and qualified privilege failed because they acted recklessly and with malice, as evidenced by their failure to verify facts or balance the story. The publication imputed dishonesty and abuse of office to the Respondent, exposing him to public ridicule and professional harm. The damages awarded by the trial court were proporti…
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Azangalala v Star Publications Limited & another [2025] KEHC 7575 (KLR)
The High Court dismissed a defamation claim by a former Court of Appeal judge over a newspaper article implying executive influence on appellate judges.
Cytonn Investments Management PLC v Obongo & another [2024] KEHC 15676 (KLR)
The High Court found that the trial court erred by determining the substantive issue of defamation at the interlocutory stage, without giving the parties an opportunity to present their cases fully. The trial court failed to consider the merits of the interlocutory application and instead dismissed the entire suit prematurely, contrary to established legal principles that require courts to avoid delving into merits at preliminary stages unless the suit is plainly hopeless. The appellant's right to be heard was contravened, and the trial court's approach prejudiced the appellant. Consequently,…
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Mungatana v Standard Limited [2024] KEHC 15574 (KLR)
The court found that the Plaintiff failed to prove the essential elements of defamation. While the Defendant admitted to publishing the articles and the Plaintiff was named, the Plaintiff did not adduce evidence from third parties to demonstrate that the publications lowered his reputation in the eyes of right-thinking members of society or caused him to be shunned or ridiculed. The Plaintiff relied solely on his own testimony and did not establish that the statements were false or that they resulted in injury to his reputation. The court emphasized that the test for defamation is objective a…
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Muigai, SC v Nation Media Group Limited & another [2024] KEHC 13327 (KLR)
The High Court dismissed Prof Githu Muigai’s defamation suit over Nation Media Group reports on Kenya-Somalia border talks, finding fair comment and qualified privilege.
Nation Media Group Limited & 2 others v Mubea [2024] KECA 1508 (KLR)
The Court of Appeal upheld a defamation award against a broadcaster and two staff members, finding the broadcasts went beyond fair and accurate reporting of court pleadings.
Bid v Nation Media Group Limited [2024] KEHC 11657 (KLR)
The High Court dismissed a defamation suit against Nation Media Group, finding the articles were protected by fair comment and qualified privilege.
Mwau v Nation Media Group Ltd & 2 others [2024] KEHC 8739 (KLR)
The High Court dismissed a defamation suit over a newspaper article linking the plaintiff to a drug haul, finding the article referred to another person and that fair comment and justification applied.
Mungatana v Standard Limited [2024] KEHC 8180 (KLR)
The Plaintiff failed to prove, on a balance of probabilities, that the Defendant's publications were defamatory. While the Defendant admitted to publishing the articles and that they referred to the Plaintiff, the Plaintiff did not adduce evidence from third parties to demonstrate that the publications caused or had the tendency to cause injury to his reputation or standing in society. The only evidence of injury was the Plaintiff's own testimony, which is insufficient in law, as defamation requires proof of injury to reputation in the eyes of others, not merely the claimant's own perception.…
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