The Court of Appeal has handed Speaker Moses Wetang’ula a setback by pausing High Court proceedings in his defamation case against the British Broadcasting Corporation (BBC) while his appeal is being considered.
The BBC had moved to the appellate court after the High Court, in rulings dated October 5, 2023, and November 27, 2024, had dismissed the broadcaster's request for a Letter of Request to the High Court of Justice in England to examine witnesses and gather documents related to the case.
The case stems from a documentary entitled “Panorama: The Secret Bribes of Big Tobacco”, aired by the BBC on November 30 and December 4, 2015, which Wetang'ula claims defamed him by alleging he received bribes from British American Tobacco (BAT).
The broadcaster argued that the High Court erred in dismissing its request, claiming the evidence it sought in England was essential for its defence and that the appeal raised arguable legal issues.
The High Court had previously declined the Letter of Request because it was too broad and lacked particulars of the evidence sought or the identity of witnesses. The broadcaster also faced dismissal of its application for a stay of proceedings, which it later appealed.
The respondent, Wetang'ula, opposed the stay, arguing that the BBC’s application was a fishing expedition and that the appeal was not arguable. He further contended that the proceedings in the High Court would not render the appeal nugatory.
However, Justices Wanjiru Karanja, Kathurima M'Inoti and Lydia Achode of the Court of Appeal, in their ruling on November 28, 2025, emphasised that the application for stay should be considered if the appeal was arguable and would otherwise be invalid if proceedings continued.
“Ultimately, we are persuaded that the applicant has satisfied both considerations under rule 5(2)(b) and is entitled to an order of stay of further proceedings in the High Court, which we hereby issue, until the hearing and determination of the applicant’s appeal,” the judges said.
The judges also said that although pausing court action is usually done carefully to avoid delaying cases, it is allowed under Rule 5(2)(b), which basically gives the appellate court the power to stay proceedings in lower courts when the situation calls for it.
What it Means
The ruling allows the BBC to pause High Court proceedings until the Court of Appeal determines whether the Letter of Request is valid under Kenyan law and whether the evidence in England can be legally obtained.
The judges clarified that the stay was necessary to protect the BBC’s constitutional right to a fair hearing, stating that “the appeal will be rendered nugatory if the trial in the High Court proceeds and it is ultimately found in the successful appeal that the trial was conducted in breach of the applicant’s right to a fair trial.”
“Ultimately, we are persuaded that the applicant has satisfied both considerations under rule 5(2)(b) and is entitled to an order of stay of further proceedings in the High Court, which we hereby issue, until the hearing and determination of the applicant’s appeal. Costs will abide by the outcome of the appeal. It is so ordered,” the judges ruled.
Trump vs BBC
The developments came a fortnight after the BBC had apologised to US President Donald Trump for a Panorama episode that spliced parts of his January 6, 2021, speech together but rejected his demands for compensation.
The corporation said the edit had given "the mistaken impression that President Trump had made a direct call for violent action" and said it would not show the 2024 programme again.
Lawyers for Trump have threatened to sue the BBC for USD1 billion (129.45 billion) in damages unless the corporation issues a retraction, apologises and compensates him.
