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JAMES KIMEU MULINGE
V.
NATION MEDIA GROUP

(2018) JELR 101163 (CA)

Court of Appeal 11 Oct 2018 Kenya
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- The appellant, James Kimeu Mulinge, sued Nation Media Group alleging defamation after publication of a paid notice naming him as a co-respondent in a fictitious divorce petition in the Daily Nation, which was later established never exist

Case Details

Suit Number:Civil Appeal 85 of 2017
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Malindi
Other Citations:James Kimeu Mulinge v. Nation Media Group [2018] eKLR

JUDGMENT OF THE COURT

[1] On 28th July, 2008 the Nation Media Group (respondent), published an advertisement which was headed “Notice to appear”. The notice was meant for James Kimeu Mulinge (appellant), who was being directed to file an answer to a divorce petition that was purportedly filed before the Chief Magistrate’s Court at Malindi where he was named as a co-respondent in a divorce petition filed by Stephen Mwinzi Muinde. It turned out there was no such divorce petition and the advertisement was fictitious. Perhaps if such had happened in the present day when the media, both print and electronic are inundated with fake news, it would not have worried the appellant. It transpired through a letter from the Executive Officer Malindi Law Courts dated 27th August, 2008 that there were no such proceedings being Divorce Cause No. 52 of 2008 that had been filed at the Chief Magistrate’s Court at Malindi.

[2] The appellant, a senior citizen, family man who retired while holding the title …

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