JAMES KIMEU MULINGE V. NATION MEDIA GROUP

JUDGMENT OF THE COURT

[1] On 28^th July, 2008 the Nation Media Group (respondent), published an advertisement which was headed “Notice to appear”. The notice was meant for James Kimeu Mulinge (appellant), who was being directed to file an answer to a divorce petition that was purportedly filed before the Chief Magistrate’s Court at Malindi where he was named as a co-respondent in a divorce petition filed by Stephen Mwinzi Muinde. It turned out there was no such divorce petition and the advertisement was fictitious. Perhaps if such had happened in the present day when the media, both print and electronic are inundated with fake news, it would not have worried the appellant. It transpired through a letter from the Executive Officer Malindi Law Courts dated 27^th August, 2008 that there were no such proceedings being Divorce Cause No. 52 of 2008 that had been filed at the Chief Magistrate’s Court at Malindi.

[2] The appellant, a senior citizen, family man who retired while holding the title …