JUDGMENT
This is a first appeal arising from the judgment of the High Court of Kenya at Nairobi (J. K. Sergon, J.) dated May 2, 2019.
This appeal was triggered by the respondent successfully tortuous action against the appellant by a plaint dated April 28, 2006, seeking: an order of injunction to restrain the appellant, his servants and or agents from further publishing words or articles relating to the respondent and in particular linking the respondent to corrupt activities and the Anglo-leasing affair, general damages for libel, aggravated, punitive and exemplary damages for libel, costs of the suit, interest and any other or further relief this court deems fit to grant.
Cumulatively both in his pleadings in the plaint and oral testimony in court, the respondent claimed, inter alia, that on or about the November 22, 2005, the appellant initially published the impugned defamatory matter christened the “Githongo dossier” to the then President, and the Director Anti-Corruption Commission…