JUDGMENT OF THE COURT
This is an appeal from the judgment and decree of the superior court (Rimita, J.) delivered on 14th March 2003 in High Court Civil Appeal No. 1058 of 2000.
The appellant was represented by Mr Billings, advocate while the respondent was represented by Mr Mugi, advocate.
The respondent is an advocate of the High Court of Kenya and is currently practicing law in the name and style of Kagia and Company, advocates. He is an advocate of 30 years standing having been enrolled in November, 1980.
The appellant is the proprietor and publisher of the daily newspaper known is as “the Standard” but at the relevant time the publication was known as “The East African Standard.”
The cause of action as pleaded was that on or about 6th December, 1999 the appellant wrote printed and published or caused to be written, false and published of and concerning the respondent, the following false and defamatory words in the widely subscribed article known as the “Big Issue of the East African …