Wanjuki Muchemi v Standard Group Limited & 2 others [2019] KEHC 1347 (KLR)
- Court
- High Court of Kenya
- Case number
- 1347
- Citation
- [2019] KEHC 1347 (KLR)
The court finds the defendants' publication defamatory and awards Ksh.15 million in general damages and Ksh.2 million in exemplary damages.
Facts
The plaintiff, Wanjuki Muchemi, was the Solicitor General of Kenya at the time. He advised the Ministry of Medical Services to pay Ksh.66 million for hospital equipment, which was later found to be inflated costs. The defendants, Standard Group Limited and two others, published a defamatory article about the plaintiff in their newspaper.
Issues
- Whether the defendants' publication was defamatory
- The appropriate amount of damages to award
Reasoning
The court found the publication to be defamatory as it portrayed the plaintiff as corrupt, dishonest, and fraudulent. The court balanced the principles set out in the cited cases and the positions of the respective persons in society.
Outcome
The plaintiff is awarded Ksh.15 million in general damages and Ksh.2 million in exemplary damages.
Orders
- No permanent injunction or apology is made
Remedies
- General damages of Ksh.15 million and exemplary damages of Ksh.2 million
Authorities cited
Cases cited (6)
- C. A. M vs Royal Media Services Limited (2013)eKLR
- Mwangi Kiunjuri Vs Wangethi Mwangi & 2 others (2016) eKLR
- Johnson Evans Gicheru Vs Andrew Motton & another (2005)eKLR
- Samuel Ndungu Mukunya Vs Nation Media Group Limited & another (2015)eKLR
- Dr. Christopher Ndarathi Murungaru Vs John Githongo (2019)eKLR
- Nation Media Group Limited and 2 Others Vs John Joseph Kamotho & 3 others (2010)eKLR
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