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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.
Shimoka v Attorney General & another [2025] KEHC 9949 (KLR)
The High Court dismissed a defamation appeal, holding that the appellant had not proved falsity, malice, or reputational damage from the impugned letter.
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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Kimwele & 3 others v Muriuki & another [2025] KEMC 129 (KLR)
The court found that the defendants published and broadcast a newscast naming the plaintiffs as corrupt officials without verifying the facts or giving them an opportunity to respond. The publication was found to be false, reckless, and actuated by malice, as the defendants failed to exercise due diligence or produce evidence supporting the allegations. The court held that the publication was defamatory, lowered the plaintiffs' reputation, and caused them to be shunned and ridiculed. The defences of public interest, justification, and privilege were rejected because the defendants did not mee…
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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.
Konosi v Adam; Judicial Service Commission (Third party) [2025] KEHC 3902 (KLR)
The High Court at Nakuru dismissed a defamation claim arising from a complaint letter sent to the Judicial Service Commission about a judicial applicant.
Gwendo v Star Publication Limited & another [2025] KEHC 2620 (KLR)
The publications were fair and accurate reports of court proceedings and thus protected by absolute privilege under Section 6 of the Defamation Act. The plaintiff failed to prove that the publications were false or malicious or that his reputation was damaged in the eyes of third parties.
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Muturi v Sifuna [2025] KEHC 1263 (KLR)
Defamation claim dismissed after the court held that publication to the LSK was proved, but the plaintiff failed to show defamatory harm or malice.
Nzibo v Nation Media Group Limited & another [2024] KEHC 12720 (KLR)
The High Court held that media publications implying corruption and poor leadership about a SUPKEM leader were defamatory and malicious.
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.
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