Daniel Kaimasach v Kalamka Limited & another [2005] KEHC 2443 (KLR)
- Court
- High Court of Kenya
- Case number
- 2443
- Citation
- [2005] KEHC 2443 (KLR)
- Decided
- 9 June 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamationPostureAppeal from the original trial outcomeCoramGeorge Dulu, Ag. Judge
Holding
The court found the article defamatory and awarded the plaintiff general damages of Kshs.1,000,000, aggravated damages of Kshs.200,000, and damages of Kshs.100,000 in default of an apology.
Facts
The plaintiff, Daniel Kaimasach, claimed that an article in 'The People Daily' newspaper falsely accused him of demanding and receiving bribery money from Jastina Siti and Kitale Ladies Hockey Club, and of being corrupt and untrustworthy.
Issues
- Whether the article was defamatory
- Whether the defendants were entitled to qualified privilege
Reasoning
The court held that the article was defamatory and awarded damages as the defendants failed to prove qualified privilege and did not apologize.
Outcome
The plaintiff's suit succeeded.
Orders
- Judgment for the plaintiff against the defendants jointly and severally for general damages, aggravated damages, and damages in default of an apology
Remedies
- General damages of Kshs.1,000,000
- Aggravated damages of Kshs.200,000
- Damages of Kshs.100,000 in default of an apology
Authorities cited
Legislation (1)
- Prevention of Corruption Act
Cases cited (1)
- Machira –vs- Mwangi [2001] 1EA 1100
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…