RODGERS ABISAI T/A ABISAI & COMPANY ADVOCATES V. WACHIRA WARURU & STANDARD LTD

JUDGMENT OF THE COURT

The appellant, Rodgers Abisai, is an advocate of the High Court of Kenya, and practices at Migori in the name of Abisai and Company, Advocates. He filed a suit in the High Court, at Kisii, claiming general and exemplary damages, an order that the defendants, Wachira Waruru and the Standard Limited, make a full and unqualified apology, make amends, withdraw certain remarks and statements made and published by them against the plaintiff in the East African Standard Newspaper, on or about 16^th December, 2000, and costs. The suit was founded on an article published on that day about the appellant.

Paragraph 5 of the appellant’s plaint states in part that the publication stated:-

“A Migori court was asked to detain fake accident claim files seized from 10 local advocates .... the accused’s.”

No advocate had been charged relating to any files, fake or otherwise. And paragraph 7 of the appellant’s plaint reads, in part, that:-

“The words herein above meant and were understoo…