JAKOYO MIDIWO
V.
NATION MEDIA GROUP LIMITED & ANOTHER

JUDGMENT OF THE COURT

1. By a Plaint dated 17^th December 2003, the appellant, Hon. Jakoyo Midiwo, filed suit for defamation against the respondents for an article published at the front page in the “Sunday Nation Newspaper” of 14^th December 2003 with the caption “MINISTERS and MP HELD IN SWOOP ON PROSTITUTES.”

2. At all material times, the appellant was the Member of Parliament (MP) for Gem Constituency in the then Nyanza Province of the Republic of Kenya.

The 1^st respondent, Nation Media Group Limited, is the proprietor, printer and publisher of the “Sunday Nation Newspaper” and the 2^nd respondent, Wangethi Mwangi, is the Editorial Director of the 1^st Respondent company charged with the responsibility of deciding the articles to be published in the newspaper.

3. The particulars of the alleged defamation were that on the 14^th day of December 2003, the 1^st respondent at the front page of the Sunday Nation carried out an exclusive report falsely and maliciously printed and or caused to be p…