Johnson Otieno Adera v Mohan Galot [2017] KEHC 9460 (KLR)

Facts

The Plaintiff, Johnson Otieno Adera, sued the Defendant, Mohan Galot, claiming that the Defendant published a defamatory letter to the Minister for Justice, National Cohesion and Constitutional Affairs. The Defendant denied any malice and publication.

Issues

1. Whether the Defendant’s right to protection of law, right to equality and freedom from discrimination, right to human dignity and the right to fair and administrative action enshrined in Article 27, 28 and 47 of the Constitution read with the Public officers and Ethics Act, 2003 (Act No. 4 of 2003) entitled the Plaintiff to institute libel proceedings.
2. Whether the libel proceedings subvert and/or violate the principles and values of justice, accountability, transparency, human rights and the Rule of law embodied in Articles 10, 47 and 50 of the Constitution.

Reasoning

The court found that the preliminary objection was not a pure point of law and that facts required to be ascertained during the hearing of the case. The matter is justiciable and the court has jurisdiction to hear the case.

Outcome

The preliminary objection is dismissed.

Authorities cited