JUDGMENT OF THE COURT
For reasons that include recusals by Judges, withdrawal by counsel from acting for a party and death of counsel explain why this appeal, filed way back in 2008 is being determined nine (9) years later. For that delay, we unreservedly apologize.
The action was instituted by the respondent, a judicial officer, who, at the time material to this appeal, was holding the rank of Principal Magistrate at the Milimani Court, Nairobi. Her complaint was that on 24th November 2000, the appellants published an article in the East African Standard entitled “Businessman aged 60 is guilty of sex assault.” The respondent also published follow up articles in the publications of 25th and 26th November 2000, headed “Angry reaction to sex assault, racism ruling”; “Inadequate Justice for Minor Abused” and “Women demand racist sex offender be tried.” The articles related to an unfortunate incident where J.O, a female minor, in the company of her father went to Premier Club for swimming. …