UHURU MUIGAI KENYATTA V BARAZA LIMITED t/a KENYA TELEVISION NETWORK (KTN) [2012] KEHC 941 (KLR)
- Court
- High Court of Kenya
- Case number
- 941
- Citation
- [2012] KEHC 941 (KLR)
The application for stay of execution of the judgment is granted, and the decretal sum of Ksh. 7 million and costs of Ksh. 837,091 are deposited in a joint interest earning account.
Facts
The plaintiff, Uhuru Kenyatta, sued the defendant, Baraza Limited (KTN), for publishing defamatory words in a feature broadcasted as 'Election 2007'. The court awarded the plaintiff Ksh. 7 million in damages and Ksh. 837,091 in costs. The defendant applied for a stay of execution of the judgment pending the appeal in the Court of Appeal.
Issues
- Whether the application for stay of execution of the judgment is granted
- Whether the decretal sum should be deposited in a joint interest earning account
Reasoning
The court found that the applicant was dissatisfied with the decision and intended to appeal to the Court of Appeal. The court granted the application for stay of execution, requiring the applicant to provide security for the due performance of the decree or order as may be ultimately binding on them.
Outcome
Application granted
Orders
- The decretal sum of Ksh. 7 million and costs of Ksh. 837,091 are deposited in a joint interest earning account
Remedies
- Security of the full decretal sum and costs
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