ABINEL ARIGA OGAMBA V PEOPLE LIMITED & ANOTHER [2012] KEHC 1748 (KLR)
- Court
- High Court of Kenya
- Case number
- 1748
- Citation
- [2012] KEHC 1748 (KLR)
- Decided
- 14 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDefamationPostureAppeal from the original trial outcomeCoramH.P.G. WAWERU
Holding
The court finds the statements to be defamatory and awards the Plaintiff general damages of KShs 850,000/00 with interest at court rates from the date of judgment until payment in full.
Facts
The Plaintiff, Abinel Ariga Ogamba, claims defamation against The People Limited and Shem Oirere for publishing articles in their newspaper alleging that he was involved in a scandal involving the Kisii Farmers Cooperative Union and the Co-operative Bank of Kenya, Kisii Branch.
Issues
- Whether the statements in the articles are defamatory
- Whether the statements were published maliciously
- Whether the Plaintiff suffered any loss or damage as a result of the publication
Reasoning
The court considers the statements to be defamatory and awards damages based on the distress and humiliation caused to the Plaintiff.
Outcome
The Plaintiff is awarded general damages of KShs 850,000/00 with interest, and the Plaintiff will have costs of the suit.
Orders
- A permanent injunction is not granted
Authorities cited
Cases cited (1)
- Mikidadi –v- Khaigan and Another [2004] eKLR 496 Ochieng
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.
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