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Eric Gor Sungu v. George Odinga Oraro

(2014) JELR 102394 (CA)

Court of Appeal  •  Civil Appeal 226 of 2011  •  31 Jan 2014  •  Kenya

John Wycliffe Mwera, William Ouko, Patrick Omwenga Kiage



This appeal follows the judgment of the High Court (Rawal J, as she was then) delivered on 14th July, 2011 against the appellant in a defamation claim filed by the respondent. On 18th November, 2004 the respondent filed a plaint in which he averred that the appellant, then a Member of Parliament who was chairing a Parliamentary Select Committee (PSC) that was inquiring into the disappearance and subsequent death of the late Dr. Robert J. Ouko, (Dr. Ouko) had defamed him. Dr. Ouko died while he was the Minister of Foreign Affairs for Trade – National Cooperation of Kenya.

During the PSC’s proceedings, it received evidence from some witnesses who made statements tending to implicate the respondent in the deceased Minister’s disappearance from his home before his death. The respondent took those statements which were published, to be false and therefore warranting rebuttal by his appearance before the PSC and cross-examining those witnesses. It was pleaded that the re…

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