JUDGMENT OF THE COURT
Two advocates, Gekonga Mongare and Omari Momanyi, filed a suit against the Standard Limited, claiming damages for defamation. The two advocates were trading in the firm name of Gekonga and Momanyi Advocates and they conducted their business in Nakuru. The Standard Ltd is the printer and publisher of a daily newspaper called the East African Standard. Rimita J heard the suit filed in the High Court and by his judgment dated and delivered at Nakuru on 4th February, 2000, the learned Judge dismissed the claim of the two advocates. The two advocates filed a joint notice of appeal on 16th February, 2000, but by the time we heard the appeal in Nakuru, Omari Momanyi had died. Under the proviso to section 2(1) of the Law Reform Act, Cap 26 Laws of Kenya, Omari Momanyi’s claim died with him and we need not concern ourselves with it.
That leaves only the claim of Gekonga Mongare who is the only appellant before us. The respondent admitted that it published this story of and …