JUDGMENT OF THE COURT
The appeal before us is brought by Paul Gikonyo Muya, the appellant herein. The respondent, Nation Media Group Limited, is the proprietor and publisher of the Newspaper called “The Daily Nation”. The appeal arose in this way.
By a plaint dated and lodged in the High Court at Nairobi on 23rd August, 2002, the appellant claimed from the respondent general damages for libel plus costs and interest. The statement claimed to have been libellous was published in the respondent’s said newspaper in its issue of 5th
September, 2001 and was as follows:-
“DP MP BOOED OVER KANU MOLE CLAIM More than 200 delegates booed Tetu MP Gikonyo Muya during a Democratic Party sub-branch election on Monday. This forced the DP legislator to withdraw, from vying for treasurer’s post which was won by his rival Mr. Wanjuki Muchemi. The MPs claim that some contestants were KANU moles had angered the delegates.”
Following a full hearing in the High Court, Osiemo J, did not find as proved the libel …