Macharia Waiguru v Nation Media Group Limited & 3 others [2017] KEHC 5109 (KLR)

Facts

The plaintiff filed a defamation suit against the defendants alleging that they published an article falsely stating he was no longer an advocate. The defendants denied the claim and pleaded fair comment and public interest. The plaintiff filed an application to strike out the defence, which was dismissed with costs. The defendants then filed an application to dismiss the suit for want of prosecution.

Issues

1. Whether the plaintiff has been indolent in prosecuting the suit
2. Whether the dismissal of the suit is a drastic measure

Reasoning

The court considers the plaintiff's indolence but decides to give him another chance, citing the importance of allowing parties to be heard in a trial and the need to avoid driving a party out of court before a hearing.

Outcome

Application dismissed but plaintiff pays costs

Authorities cited