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Ndung'u Njoroge & Kwach Advocates & Paul Nderitu Ndungu v. Standard Limited, Managing Editor, East African Standard, Patrick Mathangani, Kenya National Academy Of Sciences,Thomas R Odhiambo, Festo A. Mutere, R M Munavu, N O Bwibo & Joseph Maro

(2018) JELR 98492 (CA)

Court of Appeal  •  Civil Appeal 193 of 2013  •  25 May 2018  •  Kenya

Philip Nyamu Waki, Daniel Kiio Musinga, Kathurima M'inoti



This appeal arises from the judgment and decree of the High Court of Kenya at Nairobi, (Odunga, J.), dated 15th October 2012 by which the learned judge dismissed claims for damages for libel brought by the two appellants, Ndung’u, Njoroge and Kwach Advocates and Paul Nderitu Ndung’u. The learned judge found that the publication complained of was protected by qualified privilege. However, had the appellants’ claims succeeded, the learned judge indicated that he would have awarded each of them Kshs 5,000,000. On costs, he directed the appellants to bear the costs of the 4th to the 9th respondents in this appeal, whom he found not to have instigated or induced the publication of the material complained of.

By way of background, the 2nd appellant, Paul Nderitu Ndung’u, is an advocate of the High Court of Kenya of long standing, having signed the roll of advocates in or about 1969. Other than being a partner in the 1st appellant, Ndungu, Njoroge and Kwach Advocates, one…

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