JUDGMENT
1. At all times material and relevant to the appeal, the appellant was the proprietor of house no. 606 situated in Green Park Estate, Cluster Three. The respondent was residing within that estate. Both parties were members of the Cluster’s WhatsApp group. The appellant contended that the respondent’s safaricom cell number was 0731595460.
2. On 19th May 2008 at 9:54 p.m., the respondent published the following text in the said WhatsApp group using his cell number:
“ well … I still believe this could be an alien (emoji) finding it extremely hard work to co-exist with normal human beings! Who else could pull such a stunt! (emoji).”
3. The appellant stated that the message stemmed from a broiled argument in the said group. According to the appellant, the first inserted emoji demonstrated what an alien looked like and was directed at her.. She deduced that the said message was calculated to defame her as she had made a decision to obtain a court order stopping any further development …