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Nzioka v Mutungi (Civil Case 146 of 2020) [2025] KEMC 303 (KLR) (8 December 2025) (Judgment)

[2025] KEMC 303 (KLR) Magistrate's Courts
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Court
Magistrate's Courts
Case number
303
Citation
[2025] KEMC 303 (KLR)
Decided
8 December 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the lower courtCoramY.A SHIKANDA
Holding

Both the plaintiff and the defendant have failed to prove their claims on a balance of probabilities, and both the plaintiff's suit and defendant's counter-claim are hereby dismissed.

Facts

The plaintiff, Beth Mwanza Nzioka, alleged that the defendant, Mutuku Mutungi, defamed her by calling her a witch in public, which she claims ruined her reputation and caused her harm.

Issues

  1. Whether the defendant defamed the plaintiff as alleged or at all
  2. Whether the plaintiff's reputation was ruined by the alleged defamatory words
  3. Whether the plaintiff is entitled to damages and if so, the nature and quantum thereof
  4. Whether the plaintiff defamed the defendant as alleged or at all
  5. Whether the defendant's reputation was ruined by the alleged defamatory words
  6. Whether the defendant is entitled to damages and if so, the nature and quantum thereof
  7. Who should bear the costs of this suit

Reasoning

The court found that the defendant's statement was not defamatory as it was not proven to be false and defamatory of the plaintiff, and the plaintiff failed to prove that her reputation was ruined by the statement.

Outcome

Both the plaintiff's suit and defendant's counter-claim are hereby dismissed.

Orders

  • Both parties shall bear their own costs.

Authorities cited

Legislation (3)
  • Article 28 of the Constitution of Kenya
  • Article 32(1) of the Constitution of Kenya
  • Article 33(3) of the Constitution of Kenya
Cases cited (4)
  • Alnashir Visram v Standard Limited [2016] eKLR
  • Wyclie A. Swanya v Toyota East Africa Ltd & another [2009] eKLR
  • Wineld & Jolowicz on Tort 15th edition
  • Halsbury’s Laws of England 4th Edition Volume 28
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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