JUDGMENT OF THE COURT
On the 4th day of May 2003, at around 9:50pm, the 1st appellant was running a radio programme show called “The People’s Parliament”. It was hosted by the 2nd appellant. The programme consisted of a radio phone-in segment where callers were asked to call in to contribute to an ongoing discussion. It was then that the 2nd respondent called in and the following conversation ensued:
Jimmy Gathu: Hello, this is kiss 100, Hallo Benson
Thomas: Hallo, this is Thomas, I want to talk about my case, and then Benson will talk also. My name is Thomas O. I’m calling for assistance because I have a pending case at the Central Police Station. I was assaulted on 10th July, last year by a lawyer who I had given a case to demand payment for me from my former employer, and after the assault, I took this case to the Central Police Station on the same evening and it was recorded as OB102/10/7/2002.
Jimmy: Just read that again.
Thomas: it was OB102/10/7/2002, and then I was told to go the f…