NATION MEDIA GROUP LIMITED V. BUSIA TEACHERS CO-OPERATIVE CREDIT AND SAVINGS SOCIETY LIMITED & ANDEREA LUMUMBA KECHULA

JUDGMENT OF THE COURT

This is an old case, with a chequered history. It began in 2001 with the filing of a plaint in which Busia Teachers Co-operative Credit and Savings Society Limited (1^st respondent) and Anderea Lumumba Kechula (2^nd respondent) claimed damages for defamation arising out of a publication by the Nation Media Group Limited (the appellant) of an article in the Daily Nation of 19^th February, 2001 entitled “Society Issues Bad Cheques”, which the respondents alleged was untrue and had damaged their reputation. The respondents denied the allegations claiming that the publication was fair comment on a matter of public interest. The hearing of the suit commenced on 6^th March, 2002 before Ang’awa, J in Busia. The appellant was represented by Mr. G. K. Mbiyu, while Mr. F. O. Wanga appeared for the respondents. The respondents called two witnesses, Mr. Anderea Lumumba Kechula, Chairman of the 1^st respondent, and Mr. Chrispinus Ombare, Manager of the 1^st respondent, and thereaft…