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National Newspapers Limited & J Rodrigues v. Fibi Munene

(2009) JELR 98525 (CA)

Court of Appeal  •  Civil Appli 19 of 2008 (UR/13/2008)  •  20 Feb 2009  •  Kenya

Coram
Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

RULING OF THE COURT

Fibi Munene (Fibi) is a well known journalist and at one time, a weekly columnist with the Daily Nation Newspaper, called “The last word”. About thirty years ago in 1979, she sued the Nation Newspapers Limited (“the Nation”) who are the proprietors and publishers of the Daily Nation, together with the Editor, Joel Rodrigues and the author of a letter published in that daily paper on 21st August, 1978, which Fibi alleged was defamatory of her character as a journalist. She claimed damages. The editor and publisher admitted publication of the letter but denied that it was defamatory of Fibi or at all. The author of the letter did not file any defence. That was HCCC 2636/79.

It would appear that as a result of the suit, the services of Fibi as an employee of the newspaper group were suspended, and she was sent on unpaid leave until such time as the suit would be heard and determined. As a result of that suspension Fibi filed another suit against the Nation Newspapers Lt…

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