Mong’are Gekong’a & Another V Standard Ltd  EKLR
|Civil Suit 542 of 1997||04 Feb 2010|
David Maitai Rimita
High Court at Nakuru
Mong’are Gekong’a & another v Standard Ltd
Mong’are Gekong’a & another v Standard Ltd  eKLR
Gekong’a & another v Standard Ltd
High Court, at Nakuru
February 4, 2000
Civil Suit No 542 of 1997
Defamation – constituent elements of a defamatory publication – defences – fair comment on a matter of public interest.
The plaintiffs were advocates of the High Court of Kenya trading in the style and name of Gekong’a and Momanyi Advocates. The defendants were publishers of a local daily known as the East African Standard. The defendants published a story to the effect that the plaintiffs’ clients had threatened to lynch them for reportedly refusing to hand over Kshs 1 million awarded to them by a local Court as terminal benefits. The plaintiffs contended that this publication was damaging to their reputation. The defendant on the other hand claimed that it was true for a fact that the clients held a press conference in Nakuru town and gave the threats. That the reporter tried to verify the matters with the plaintiffs but the latter hang up the phone on them. The defendant thus raised a defence of fair comment on a matter of public interest.
1.The wrong of defamation consists in the publication of a false and defamatory statement concerning another person without lawful justification.
2.A defamatory statement is one which has tendency to injure the reputation of the person to whom it refers; which tends, that is to say, to lower him in the estimation of right thinking members of society generally and in particular to cause him to be regarded with feelings of hatred, contempt, ridicule, fear, dislike or esteem.
3. There was no malice on the part of the defendant and the plaintiffs had failed to establish their claim to the required standard.
No cases referred to.
Heuston, RF (Ed) (1965) Salmond on the Law Torts London: Sweet & Maxwell 14th Edn p 195
No statutes referred.
Mutonyi for the plaintiffs
M/s Mohamed Muigai Mboya Advoates for the Defendant