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Raphael Lukale v. Elizabeth Mayabi & Royal Media Services Limited

(2018) JELR 94994 (CA)

Court of Appeal  •  Civil Appeal 286 of 2016  •  20 Apr 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

In a rather lengthy judgment running to 81 pages and 213 paragraphs, Aburili, J found no substance in the appellant’s claim for defamation of his character and dismissed the action he had instituted against the respondents.

This is how this dispute arose. The appellant, a school headmaster alleged that on 9th August, 2011 after the 9.00 pm news, the first respondent who hosts a programme called Akomwitala” (matters of family life) on “Mulembe” FM, a Luhya dialect radio station;

“...falsely and maliciously broadcast to the public of and concerning the plaintiff and of him in his position as a head teacher words in the Luhya language, the effect of which the appellant understood to mean in the English language as follows:

a) It is shocking that there is a woman in [particulars withheld] village in Butere who deserted her husband called Mr J A, leaving him shocked and miserable which led to his death.

b) Later after the death of the late J A his widow returned to her lat…

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