CHARLES MUTURI MACHARIA & 6 OTHERS (SUING AS NEXT FRIENDS OF AND ON BEHALF OF CWM & 6 OTHERS)
V.
THE STANDARD GROUP & 4 ORS

(2022) JELR 113777 (CA)

Court of Appeal 13 May 2022 Kenya
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Case Details

Suit Number:Civil Appeal 296 of 2017
Judges:MA Warsame, JA F Sichale, JA S ole Kantai, JA
Location:Nairobi

JUDGMENT

  1. On the 5th day of November 2012, the 1st to 4th Respondents published a story in certain print, online and visual media, on an alleged attempted arson attack at Mugoiri Girl’s High School by some of its own students. The various stories published by the respondent media outlets described the seven minors, published their names, transmitted their images and detailed their alleged participation in the arson attempt and their subsequent arraignment in court.

  2. Aggrieved by the publication, the appellants, suing as the next friend of and on behalf of the 7 of the students filed a petition before the High Court. It was their case that the story was published with malicious intent, given prominence with the intention of gaining popularity and profit and with utter disregard of the dignity, privacy and best interest of the minors as required by the law.

  3. The appellants further contended that the respondents did not bother to confirm the age of the minors or seek their comments on the issu…

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