JUDGMENT OF THE COURT
“Good name in man and woman, dear my lord, is the immediate jewel of their souls; who steals my purse steals trash; ‘tis something, nothing; ‘Twas mine, ‘ tis his, and has been slave to thousands; but he that filches from me my good name, robs me of that which not enriches him, and makes me poor indeed”.
Shakespeare’s timeless rendition in Othello, Act 3, Scene 3 makes for an apt summary of the subject matter in this first appeal which arose from the filing of an action for damages in defamation by the respondents initially against the 1st appellant; and subsequently against the 1st and 2nd appellants. The respondents contended that the 1st appellant had defamed them in their professional capacities as Advocates of the High Court of Kenya practicing law under the name and style of Muraya and Wachira Advocates initially at Nakuru then subsequently at Mombasa. The cause of action concerned radio broadcasts in form of programmes namely:- ‘Wembe wa Citizen’ and ‘Ndurik…