High Court sitting in Nairobi has ordered the Standard Group PLC, an editor of its subsidiary, Nairobian Newspaper, and a Writer to pay a former police officer Ksh6.5 million for injuring her image.
The court found that the newspaper had defamed the officer, Linda Okello, by publishing an article that degraded her public image by using photos she had shared on her social media pages without her consent.
Lawyer Tom Ojienda, who represented Okello in court, explained that his client's reputation was tainted by the article published in the Nairobian Newspaper.
"We have just won an award of Ksh6.5 million for Linda Okello, a former police officer improperly degraded by the improper sharing of her image and likeness and the use of her image for commercial gain and or publicity," Ojienda stated.
In her judgement, Justice Asenath Nyaboke Ongeri also ordered a permanent injunction restraining the Standard Group PLC and its employees from publishing defamatory words or innuendo similar to what they had shared on the Nairobian Newspaper.
"An order of mandatory injunction compelling the defendants to write, print and publish an apology on its media platforms," Justice Ongeri directed.
Defamation falls under civil law and is governed by the Defamation Act, Cap 36, which describes defamation as a slanderous statement or written words, also known as libel.
A defendant in such a case can raise a number of defences, including adducing evidence that supports his or her cause as being truthful.
The defendant can also implore the Judge that the statement was made in good faith and on reasonable grounds, even if it is not true.
It is also possible to raise a defence noting that the statement was a fair comment on a matter of public interest, even if it is not true.
However, it also provides for a right of reply stating that "Any person or body of persons shall be entitled to a right of reply to any factual inaccuracy affecting them which has been published in a newspaper and which is damaging to the character, reputation or good standing of that person or body of persons."
