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C A M v. Royal Media Services Limited

(2013) JELR 106833 (CA)

Court of Appeal  •  Civil Appeal 283 of 2005  •  18 Oct 2013  •  Kenya

Coram
Roselyn Naliaka Nambuye, Patrick Omwenga Kiage, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This is an appeal from the Judgment of the High Court (The Honourable Mr. Justice P. J. Ransley) given on 10th May 2005 by which the court awarded the appellant damages for defamation in the sum of Kshs. 3,000,000.00 made up of general damages of Kshs. 1,000,000.00, exemplary damages of Kshs. 1,000,000.00 and aggravated damages of Kshs. 1,000,000.00. Being dissatisfied with that award the appellant instituted this appeal.

Background

In December 2003, the appellant was a politician “of considerable clout” and belonged to a class of people who have been described elsewhere as “prominent political elite.” [The words of Justice Tunoi JA, as he then was in the case of Johnson Evans Gicheru v. Andrew Morton and Another [2005] eKLR]. He was a Member of Parliament representing Matuga Constituency and a cabinet Minister in the Government of Kenya in charge of Labour and Human Resources Development. At the time of trial he was the Minister for Foreign Affairs.

On 16th December…

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