Martha Karua v Radio Africa Ltd t/a Kiss F.M. Station & 2 others [2006] KEHC 3536 (KLR)
- Court
- High Court of Kenya
- Case number
- 3536
- Citation
- [2006] KEHC 3536 (KLR)
- Decided
- 21 July 2006
The court dismisses the Notice of Motion with costs to the Respondent/Plaintiff and refers the file back to the Civil Division.
Facts
The plaintiff, Hon Martha Wangari Karua, an Advocate, Cabinet Minister, and Member of Parliament, filed a defamation suit against Radio Africa Ltd t/a Kiss F.M. Station and two others. The plaintiff claimed that the defendants' radio presentation contained false and malicious words that disparaged her professionally, politically, and socially, violated her privacy rights, and was indecent. She sought general damages and a permanent injunction.
Issues
- Whether the plaint sets out the precise words complained of and whether the plaintiff has alleged the words were defamatory.
- Whether the granting of an interim injunction offends the Constitution and international human rights laws.
- Whether the plaintiff had a reasonable cause of action and whether the defendants' preliminary objection should be disposed of first.
Reasoning
The court acknowledges the central role of the right of expression in safeguarding other fundamental rights but recognizes its limitations. The court dismisses the motion, allowing the suit to proceed on merit.
Outcome
Appeal dismissed
Orders
- The court dismisses the Notice of Motion with costs to the Respondent/Plaintiff.
- The file is hereby referred to back to the Civil Division.
Authorities cited
Legislation (2)
- Constitution of Kenya
- International Covenant on Civil and Political Rights
Cases cited (2)
- Handyside Case (supra)
- 5 of NOVEMBER, 1985 Series A, No.5 p 105 para 41
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