Rutto v Langat & another (Civil Appeal 51 & 52 of 2020 (Consolidated)) [2025] KECA 1276 (KLR) (11 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1276
- Citation
- [2025] KECA 1276 (KLR)
- Decided
- 11 July 2025
The appeal is allowed to the extent that the judgement on liability against the appellant and the 2nd respondent is set aside and substituted in the ratio of 70:30 respectively.
Facts
Elizabeth C. Langat filed defamation proceedings against Isaac Rutto and Standard Limited in Bomet High Court. Rutto was accused of defaming Langat at a press conference, and Standard Limited was blamed for publishing the defamatory article.
Issues
- whether the 1st respondent proved the tort of defamation to the required standards
- whether the 1st respondent was entitled to the damages
Reasoning
The court held that the 1st respondent did not prove the tort of defamation and that the damages awardable to the 1st respondent should have been reduced due to the failure to exercise the right of reply.
Outcome
The appeal is allowed to the extent that the judgement on liability against the appellant and the 2nd respondent is set aside and substituted in the ratio of 70:30 respectively.
Orders
- Judgement against the appellant and the 2nd respondent severally in the ratio of 70:30 respectively
Remedies
- Award of costs of the appeal to the 1st respondent to be paid by the appellant and the 2nd respondent according to their respective liabilities
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Defamation Act
Cases cited (2)
- Texas Statute
- Order 2 rule 4[1] of the Civil Procedure Rules
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