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Martin Oramisi Otwane V Eslons Plastics Of Kenya Limited [2022] EKLR
Case Number: Cause 2003 of 2017	Date Delivered: 24 Mar 2022

Judge: Linnet Ndolo

Court: Employment and Labour Relations Court at Nairobi

Parties: Martin Oramisi Otwane v Eslons Plastics of Kenya Limited

Advocates:

Citation: Martin Oramisi Otwane v Eslons Plastics of Kenya Limited [2022] eKLR

Magare Gikenyi J. Benjamin V Salaries And Remuneration Commission (SRC) & 146 Others; Senate, National Assembly (NA) & 9 Others (Interested Parties) [2022] EKLR
Case Number: Petition E059 of 2021	Date Delivered: 24 Mar 2022

Judge: Antony Charo Mrima

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Magare Gikenyi J. Benjamin v Salaries and Remuneration Commission (SRC),Council of Governors (COG), Mombasa County Assembly, Kwale County Assembly, Kilifi County Assembly,Tana County Assembly, Lamu County Assembly,Taita/Taveta County Assembly, Garissa County Assembly, Wajir County Assembly, Mandera County Assembly, Marsabit County Assembly, Isiolo County Assembly, Meru County Assembly, Tharaka-Nithi County Assembly, Embu County Assembly, Kitui County Assembly, Machakos County Assembly, Makueni County Assembly, Nyandarua County Assembly, Nyeri County Assembly, Kirinyaga County Assembly, Murang'a County Assembly, Kiambu County Assembly, Turkana County Assembly, West Pokot County Assembly, Samburu County Assembly, Trans Nzoia County Assembly, Uasin Gishu County Assembly, Elgeyo/Marakwet of County Assembly, Nandi County Assembly, Baringo County Assembly, Laikipia County Assembly, Nakuru County Assembly, Narok County Assembly, Kajiado County Assembly, Kericho County Assembly, Bomet County Assembly, Kakamega County Assembly, Vihiga County Assembly, Bungoma County Assembly, Busia County Assembly, Siaya County Assembly, Kisumu County Assembly, Homa Bay County Assembly, Migori County Assembly, Kisii County Assembly, Nyamira County Assembly, Nairobi City County Assembly, Mombasa County Speaker of County Assembly,Kwale County Speaker of County Assembly,Kilifi County Speaker of County Assembly,Tana County Speaker of County Assembly,Lamu County Speaker of County Assembly, Taita/Taveta County Speaker of County Assembly, Garissa County Speaker of County Assembly, Wajir County Speaker of County Assembly, Mandera County Speaker of County Assembly,Marsabit County Speaker of County Assembly Isiolo County Speaker of County Assembly, Meru County Speaker of County Assembly Tharaka-Nithi County Speaker of County Assembly, Embu County Speaker of County Assembly, Kitui County Speaker of County Assembly, Machakos County Speaker of County Assembly, Makueni County Speaker of County Assembly, Nyandarua County Speaker of County Assembly, Nyeri County Speaker of County Assembly,Kirinyaga County Speaker of County Assembly, Murang'a County Speaker of County Assembly, Kiambu County Speaker of County Assembly,Turkana County Speaker of County Assembly,West Pokot County Speaker of County Assembly,Samburu County Speaker of County Assembly, Trans Nzoia County Speaker of County Assembly, Uasin Gishu County Speaker of County Assembly, Elgeyo/Marakwet County Speaker Of County Assembly, Nandi County Speaker of County Assembly, Baringo County Speaker of County Assembly,Laikipia County Speaker of County Assembly,Nakuru County Speaker of County Assembly, Narok County Speaker of County Assembly,Kajiado County Speaker of County Assembly,Kericho County Speaker of County Assembly,Bomet County Speaker of County Assembly,Kakamega County Speaker of County Assembly, Vihiga County Speaker of County Assembly,Bungoma County Speaker of County Assembly, Busia County Speaker of County Assembly,Siaya County Speaker of County Assembly,Kisumu County Speaker of County Assembly,Homa Bay County Speaker of County Assembly,Migori County Speaker of County Assembly,Kisii County Speaker of County Assembly,Nyamira County Speaker of County Assembly,Nairobi City County Speaker of County Assembly,Mombasa County Assembly Service Board,Kwale County Assembly Service Board, Kilifi County Assembly Service Board, Tana County Assembly Service Board, Lamu County Assembly Service Board, Taita/Taveta County Assembly Service Board, Garissa County Assembly Service Board, Wajir County Assembly Service Board, Mandera County Assembly Service Board, Marsabit County Assembly Service Board, Isiolo County Assembly Service Board, Meru County Assembly Service Board, Tharaka-Nithi County Assembly Service Board, Embu County Assembly Service Board, Kitui County Assembly Service Board, Machakos County Assembly Service Board, Makueni County Assembly Service Board, Nyandarua County Assembly Service Board, Nyeri County Assembly Service Board, Kirinyaga County Assembly Service Board, Murang'a County Assembly Service Board, Kiambu County Assembly Service Board, Turkana County Assembly Service Board, West Pokot County Assembly Service Board, Samburu County Assembly Service Board, Trans Nzoia County Assembly Service Board, Uasin Gishu County Assembly Service Board, Elgeyo/Marakwet County Assembly Service Board, Nandi County Assembly Service Board,Baringo County Assembly Service Board,Laikipia County Assembly Service Board,Nakuru County Assembly Service Board,Narok County Assembly Service Board, Kajiado County Assembly Service Board, Kericho County Assembly Service Board,Bomet County Assembly Service Board,Kakamega County Assembly Service Board,Vihiga County Assembly Service Board, Bungoma County Assembly Service Board, Busia County Assembly Service Board, Siaya County Assembly Service Board,Kisumu County Assembly Service Board, Homa Bay County Assembly Service Board, Migori County Assembly Service Board, Kisii County Assembly Service Board, Nyamira County Assembly Service Board, Nairobi City County Assembly Service Board, National Treasury, Controller of Budget, Commission on Admnistration of Justice (CAJ) & Attorney General (AG); Senate, National Assembly (NA), Transparency International Kenya, Kenya National Commission of Jurists-Kenya (ICJ-Kenya), Law Society of Kenya (LSK), East African Centre for Human Rights (Each Rights), Kenya National Commission on Human Rights (KNCHR), Kenya Human Rights Commission (KHRC), Katiba Institute & Kenya Medical Practitioners, Pharmacists and Dentists Union(KMPDU) (Interested Parties)

Advocates:

Citation: Magare Gikenyi J. Benjamin v Salaries and Remuneration Commission (SRC) & 146 others; Senate, National Assembly (NA) & 9 others (Interested Parties) [2022] eKLR

Thomas Kirui V Joshua Odhiambo Tollo [2022] EKLR
Case Number: Environment and Land Case 921 of 2016	Date Delivered: 24 Mar 2022

Judge: Loice Chepkemoi Komingoi

Court: Environment and Land Court at Nairobi

Parties: Thomas Kirui v Joshua Odhiambo Tollo

Advocates:

Citation: Thomas Kirui v Joshua Odhiambo Tollo [2022] eKLR

Wilson Njiri Gikonyo V Ruth Mary Wangui & 2 Others [2022] EKLR
Case Number: Environment and Land Case 12 “B” of 2021	Date Delivered: 24 Mar 2022

Judge: John Mutungi

Court: Environment and Land Court at Nakuru

Parties: Wilson njiri gikonyo v Ruth Mary Wangui, Daneva co. ltd & William Wanjohi Mureithi

Advocates:

Citation: Wilson njiri gikonyo v Ruth Mary Wangui & 2 others [2022] eKLR

Republic V Chief Magistrate’s Court Milimani Law Courts & 2 Others Ex Parte Patel Ravji Lalji [2022] EKLR
Case Number: Miscellaneous Application E046 of 2020	Date Delivered: 24 Mar 2022

Judge: Anthony Ndung'u Kimani

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Republic v Chief Magistrate’s Court Milimani Law Courts, Director of Public Prosecutions & Hezbon Omondi, Helen Adhiambo Oburu & Nikitta Akinyi Ex Parte Patel Ravji Lalji

Advocates:

Citation: Republic v Chief Magistrate’s Court Milimani Law Courts & 2 others Ex Parte Patel Ravji Lalji [2022] eKLR

Ndili Muthoka & Another V Ferdinand Maweu Kanyasya & Another [2022] EKLR
Case Number: Family Appeal E1 of 2020	Date Delivered: 24 Mar 2022

Judge: George Matatia Abaleka Dulu

Court: High Court at Makueni

Parties: Ndili Muthoka & Patrick Musembi Muthoka v Ferdinand Maweu Kanyasya & Mathias Mutula Kanyasya

Advocates:

Citation: Ndili Muthoka & another v Ferdinand Maweu Kanyasya & another [2022] eKLR

Samuel Gito & Another V Peter Gitau Kimani & 2 Others [2022] EKLR
Case Number: Civil Appeal 459 of 2018	Date Delivered: 24 Mar 2022

Judge: Christine Wanjiku Meoli

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Samuel Gito & Kevin Kimemia v Peter Gitau Kimani, Equity Bank Limited & Kamau Paul

Advocates:

Citation: Samuel Gito & another v Peter Gitau Kimani & 2 others [2022] eKLR

Edward Ochieng V Dan Okumu [2022] EKLR
Case Number: Cause 2589 of 2016	Date Delivered: 24 Mar 2022

Judge: Kebira Ocharo

Court: Employment and Labour Relations Court at Nairobi

Parties: Edward Ochieng v Dan Okumu

Advocates:

Citation: Edward Ochieng v Dan Okumu [2022] eKLR

Morrison M. Muriuki V Lawrence Karugu Kimani & Another [202] EKLR
Case Number: Petition 17 of 2020	Date Delivered: 24 Mar 2022

Judge: Jemutai Grace Kemei

Court: Environment and Land Court at Thika

Parties: Morrison M. Muriuki v Lawrence Karugu Kimani & Githunguri Constituency Ranching Company Limited

Advocates:

Citation: Morrison M. Muriuki v Lawrence Karugu Kimani & another [202] eKLR

Tongi V Wambua (Civil Suit 237 of 2016) [2022] KEHC 220 (KLR) (Civ) (24 March 2022) (Judgment)
Case Number: Civil Suit 237 of 2016	Date Delivered: 24 Mar 2022

Judge: Said Juma Chitembwe

Court: High Court at Nairobi (Milimani Law Courts)

Parties: Tongi v Wambua

Advocates:

Citation: Tongi v Wambua (Civil Suit 237 of 2016) [2022] KEHC 220 (KLR) (Civ) (24 March 2022) (Judgment)

Award of Kshs. 1.5 Million as general damages arising from a defamatory email.

Brief facts

The plaintiff was retained by the United Nations Sacco Limited as its Chief Executive Officer. On December 31, 2015 the plaintiff resigned from employment to concentrate on his personal business. The plaintiff claimed that on or about March 9, 2016, the defendant sent him an email from his private account and copied to 3 others. It was the plaintiffs testimony that the email sent to his juniors portrayed him in bad light especially since he was a role model to many employees.

The plaintiffs case was that the email was defamatory in that in its ordinary meaning the email meant and was understood to mean that he engaged in fraudulent and unethical conduct during his tenure at the UN Sacco. The plaintiff alleged that the email published was false, malicious and defamatory and sought relief in the form of general damages, exemplary damages and costs of the suit.

Issues

Whether the email by the defendant was false, malicious and defamatory of the plaintiff.

Held

During the hearing, despite service, the defendants neither called any witness, participated in the proceedings nor filed their submissions hence the evidence by the plaintiff remained uncontroverted.
The pleadings contained the averments of the parties concerned. Until they were proved, or disproved, or there was admission of them or any of them by the parties, they were not evidence and no decision could be founded upon them. Proof was the foundation of evidence. Evidence denoted the means by which an alleged matter of fact, the truth of which was submitted to investigation, was proved or disproved. Averments were matters the truth of which was submitted for investigation. Until their truth had been established or otherwise they remained unproven.
There was no wholly satisfactory definition of defamatory imputation. Three formulae had been particularly influential:
1. would the imputation tend to lower the plaintiff in the estimation of right-thinking members of society generally?'
2. Would the imputation tend to cause others to shun or avoid the claimant?
3. Would the words tend to expose the claimant to hatred, contempt or ridicule?
The question on what defamation was related to the nature of the statement made by the defendant: words could be defamatory even if they were believed by no one and even if they were true.
The law of libel and slander was concerned with the protection of reputation. Defamation protected a person's reputation; that was the estimation in which he was held by others; it did not protect a person's opinion of himself nor his character. The law recognized in every man a right to have the estimation in which he stood in the opinion of others unaffected by false statements that injured his reputation.
The ingredients of defamation were:-
1. The statement had to be defamatory.
2. The statement had to refer to the plaintiff.
3. The statement had to be published by the defendant.
4. The statement had to be false.
The alleged defamatory email was sent to the plaintiff by the defendant and copied to other colleagues within the organization.
The impugned e-mail was defamatory of the plaintiffs character. The plaintiff was being called upon to refund or pay some monies that had been paid to him in form of kickbacks. There was no explanation from the defendant as to why the email was copied to other parties yet the content was personal. The only logical conclusion was that the defendant was out to inform third parties that the plaintiff had been taking kickbacks from the Saccos clients. The plaintiff had proved his case on a balance of probabilities.
The prayer for Kshs.15 million as damages was excessive. Those who were copied the e-mail were the plaintiffs former workmates. The e-mail was not published in the main media but was copied to a few people. An award of Kshs. 1.5 million would adequately compensate the plaintiff. There was no reason for granting exemplary damages.