JUDGMENT OF THE COURT
This is an appeal from the judgment and decree of the superior court at Mombasa (J. N. Khaminwa, J) delivered on 2nd November, 2007 in Mombasa HCCC NO. 436 of 2002.
Mr. Buti appeared for the appellant and Mr. Werimo Echessa appeared for the respondent.
The appellant is a prominent businessman and a professional based in Mombasa. The respondent is a limited liability company which carries on publishing business under the title of the East African Standard and is a publisher of news through daily publications in Kenya, East Africa Region and other parts of the world.
It is not in dispute that on or about the 21st December, 2001, the respondent caused to be published in its daily publication falsely and maliciously and knowing the same was not true of and concerning the appellant a sub-heading entitled:-
Coast Traders charged with stealing power.
The actual words used were:-
“A prominent Mombasa businessman yesterday appeared in court on charges of making illegal power ins…