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Michael Joseph v Kenya Aviation Workers Union [2020] KEHC 2328 (KLR)

[2020] KEHC 2328 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2328
Citation
[2020] KEHC 2328 (KLR)
Decided
22 October 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeDefamationPostureAppeal from a lower court decisionCoramL. NJUGUNA
Holding

The defendant is restrained from further writing, printing, and publishing defamatory statements concerning the plaintiff

Facts

The plaintiff, Michael Joseph, was the Non-Executive Chairman of the Board of Directors of Kenya Airways PLC and the Chief Executive Officer of the company. The defendant, Kenya Aviation Workers Union, published defamatory words against Joseph under the title 'KAWU’S PRESS STATEMENT ON CHALLENGES FACING AVIATION SECTOR'.

Issues

  1. Whether the defendant's publications were defamatory
  2. Whether the defendant's publications caused irreparable harm to the plaintiff's reputation

Reasoning

The court found that the defendant's publications were defamatory and likely to cause irreparable harm to the plaintiff's reputation, thus granting an injunction.

Outcome

Appeal upheld

Orders

  • The defendant is restrained from further writing, printing, and publishing defamatory statements concerning the plaintiff

Remedies

  • Injunction

Authorities cited

Cases cited (4)
  • John Ntoiti Mugambi Alias Kamukuru v Moses Kithinji Alias Hon. Musa (2016) eKLR
  • Brigadier Arthur Ndong Owuor v The Standard Limited (2011) eKLR
  • Nguruman Limited v Jan Bonde Nielsen & 2 Others (CA NO. 77 OF 2012)
  • Lucy Wangui Gachara v Minudi Okemba Lore (2015) eKLR
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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