JEFF OTIENO, WANGETHI MWANGI & NATION MEDIA GROUP V. MARTIN NG'ANG'A

JUDGMENT OF THE COURT

In an action for defamation two elements are involved; the defamatory nature of the words complained of and the award of damages if the claim is proved. As a general rule the defamation law protects a person's reputation, recognises in every man and woman a right to have the estimation in which he or she stands in the opinion of others unaffected by false statements to his or her discredit and it affords redress against those will violate this basic tenet by speaking defamatory falsehoods. This is the essence of Article 33 of the Constitution of Kenya, which guarantees every person the right to freedom of expression while at the same time requires every person to respect the rights and reputation of others.

Whether or not a statement is defamatory will depend on how the words are understood by the ordinary man. Once the meaning of the words are determined, the next test is to ascertain whether, under the circumstances in which the words were published, a reasonable…