SG v Standard Media Group & 3 others (Constitutional Petition E066 of 2021) [2022] KEHC 13633 (KLR) (6 October 2022) (Judgment)

Facts

Petitioner underwent a vasectomy and subsequently his wife conceived. He sued the defendants for damages, which were awarded. The respondents published details of the case in their newspapers and websites, which the petitioner claims breached his right to privacy and human dignity.

Issues

1. Petitioner's right to privacy under articles 31(c) (d) of the Constitution, 17 of the International Covenant on Civil and Political Rights and 12 of the United Nations Universal Declaration of Rights
2. Petitioner's right to human dignity under article 28 of the Constitution
3. Petitioner's claim of psychological and emotional suffering due to the publications
4. Petitioner's request for general, punitive and exemplary damages, a permanent injunction, compensation, and costs

Reasoning

The court dismissed the petition as it found no evidence of malice in the publications and the information was not secret or confidential. The court also found that the publication was in the public interest and the petitioner had the opportunity to seek an order to prevent the publication.

Outcome

Petition dismissed with no orders as to costs

Authorities cited