J.P. Machira t/a Machira & Company Advocates v Mwangi & another (Civil Appeal 175 of 2019) [2023] KECA 228 (KLR) (3 March 2023) (Judgment)
- Court
- Court of Appeal
- Case number
- 228
- Citation
- [2023] KECA 228 (KLR)
- Decided
- 3 March 2023
The Court held that the defamatory news reports were privileged under section 6 of the Defamation Act and dismissed the appellant's claim for damages.
Facts
The appellant, J.P. Machira, sued the respondents (Wangethi Mwangi and Nation Newspapers Limited) for defamation arising from defamatory news reports published in the Daily Nation Newspaper on 26th July, 2000, 27th July, 2000, and 1st August, 2000.
Issues
- Whether the defamatory news reports were privileged under section 6 of the Defamation Act.
- Whether the appellant's claim for damages should be awarded.
Reasoning
The Court found that the defamatory statements were in all respects germane to the issues before the court and were made in the course of judicial proceedings, thus qualifying for privilege under section 6 of the Defamation Act. The Court also found no evidence of malice in the publications.
Outcome
The appeal was successful, and the High Court's judgment was set aside. The appellant's suit was dismissed, and the respondents were ordered to pay the appellant's costs.
Orders
- The judgment of the High Court dated September 28, 2018, and all consequential orders arising therefrom were set aside.
- The appellant's suit was dismissed.
- The appellant was ordered to pay the respondents' costs of the appeal and the proceedings in the High Court.
Authorities cited
Legislation (1)
- Defamation Act
Cases cited (1)
- Lewis v Daily Telegraph Ltd {1964} AC 234 - 285
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