JUDGMENT OF THE COURT
In this appeal, the appellant, the Nation Media Group challenges the finding by the High Court at Nairobi (Sitati, J.) that it had defamed the respondent, George Nthenge in consequence of which it was ordered to pay general and aggravated damages of Kshs. 5 million and Kshs. 2 million, respectively. This was on account of a publication carried in the appellant’s Daily Nation Newspaper of Thursday, December 12, 2003 as a special report on old boys of Mangu High School who went on to make a mark in national politics. In the story titled “Guess who Is Top of the Class; Old Boys Who Made Mark in Kenya” was reported of and concerning the respondent the following words;
“Definitely in the opposition camp is Mr. George Nthenge, best remembered as one the six founder members in 1991 of the “Forum for the Restoration of Democracy (FORD), the pressure group that marshalled final push for multiparty democracy and paved way to the opposition?s rise to power a decade lateR. He …