JUDGMENT
This is a first appeal to this Court and a brief background of the facts leading to the appeal shall put the dispute in proper context. The respondent is a former Chief Magistrate and Deputy Registrar of the High Court whereas the appellant is an advocate of the High Court of Kenya. The respondent instituted a suit by way of a plaint dated 4th December 2007 seeking general and exemplary damages for libel against the appellant. The cause of action was hinged on a letter written by the appellant to the Honourable Chief Justice dated 21st December 2006 and copied to several other persons in which the appellant complained about the respondent’s conduct of proceedings in respect of Nairobi High Court Miscellaneous Civil Application Numbers 670, 671, 672, 673 and 679 of 2006 respectively. The appellant claimed in the letter that the respondent had been compromised in the discharge of his duties in respect of the above matters; he was corrupt; not fit to be a Chief Magistrate or Seni…