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Kenneth Nyaga Mwige v. Austin Kiguta, Bedan Mbugua & The People Limited

(2015) JELR 100164 (CA)

Court of Appeal  •  Civil Appeal 140 of 2008  •  16 Oct 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philomena Mbete Mwilu, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellant Kenneth Nyaga Mwige filed a defamation suit against the three respondents, Austine Kiguta, Dedan Mbugua and The People Limited. The 3rd respondent is the publisher and printer of the People Daily, a newspaper with national circulation in Kenya and elsewhere around the world. At all material times the 1st respondent was a reporter in the employ of the 3rd respondent while the 2nd respondent was the Editor-in-Chief of The People Daily newspaper.

2. In the plaint, it is alleged that on 2nd August, 2000, the respondents falsely and maliciously printed and published or caused to be printed and published of and concerning the appellant the following words:

“Arrest warrant for KACA Official By Austin Kiguta A Nairobi court yesterday issued a warrant of arrest for a Kenya Anti Corruption Authority (KACA) Officer who failed to report in the court to answer a charge of assaulting a woman. Addressing the court after the file was called and Kenneth Nyaga Mwige …

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