UNIVERSITY OF NAIROBI V. MBUTHIA

JUDGMENT

This appeal arises out of a suit for damages for libel which was successfully filed in the High Court by the respondent (hereinafter referred to as the plaintiff) against the appellant (hereinafter referred to as the defendant).

At the material time the plaintiff was employed by the defendant as an Administrative Assistant in the defendant’s Health Centre his immediate superior being the defendant’s medical officer Dr Githahu (medical officer). A Mr. Ndoria was then the Deputy Registrar of the University.

Mr. Ndoria called a meeting on December 3, 1974, which was attended by him, the Registrar and the medical officer, to consider a report by the medical officer concerning the loss of drugs from the Health Centre and also certain allegations which had been made against the plaintiff that he and another employee had been selling drugs outside the University. The meeting reached an unanimous decision that, despite there being no proof of theft by the plaintiff, his appointment shou…