JUDGMENT OF NAMBUYE, JA
The appeal arises from the Judgment of Isaac Lenaola, J. (as he then was) dated 29th June, 2015.
The background to the appeal is that Petition Number 466 of 2012 as consolidated with Petition Number 416 of 2012 were precipitated by publications appearing in the respondents’ widely circulated newspapers “The Standard” and The “Daily Nation” of 21st February, 2007, in both of which the respondents ran a story detailing the killing of the late Simon Macharia Ikere (the deceased), a man described by the police at the time as the most wanted criminal in Kenya. Alongside the story, the 1st respondent had published photos/images of Felister Wanjiru Kogi, who was then a wife to the deceased together with images of six children namely DN, AM, EWM, CWM and MKM (all minors), who stood beside her. On page 3 of the 2nd respondent’s newspaper, there appeared pictures of AM and DN, children of the deceased under the headline titled “The agony of being the wife of a wanted man”.…