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Martha Karua v Nation Media Group Limited another [2016] KEHC 2751 (KLR)

[2016] KEHC 2751 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2751
Citation
[2016] KEHC 2751 (KLR)
Decided
29 September 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLibel SuitPostureAppeal from the original trialCoramAs Windeyer
Holding

The court found the statements to be defamatory and awarded the Plaintiff Ksh.7,000,000/- in general damages and Ksh.1,000,000/- as exemplary damages.

Facts

The Plaintiff, Hon. Martha Karua, filed a suit against the Defendants, Nation Media Group Limited and Otieno Otieno, alleging defamation for publishing false and malicious statements about her in an article dated 28th November, 2010.

Issues

  1. Whether the statements in the article were defamatory
  2. Quantum of damages to be awarded

Reasoning

The court considered the gravity of the libel, the subjective effect on the Plaintiff, and the lack of an apology from the Defendants, leading to the award of damages.

Outcome

The appeal was upheld, and the Plaintiff was awarded damages.

Orders

  • Award of Ksh.7,000,000/- in general damages
  • Award of Ksh.1,000,000/- as exemplary damages
  • Decline to grant prayer (c) for an apology

Remedies

  • Apology
  • Damages

Authorities cited

Cases cited (5)
  • Vein Vs John Rairax & Sons Pty Limited
  • Jones Vs Pollard
  • Esso Standard Limited Vs Semu Amanu Opio
  • Nation Media Group Vs Daniel Musinga t/a Musinga & Co. Advocates
  • Johnson Gicheru Vs Andrew Morton & another
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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