The message was sent to a mobile phone used by the law firm's office, where an employee received and read it. Although it was not posted publicly or sent to a group, the court found that this was enough to establish publication to a third party.

🇰🇪 Breaking It Down

“The allegations directly attacked the advocate’s integrity, qualifications and professional competence and were capable of damaging his reputation,” Principal Magistrate L.A. Mumassabba held.

The defendant did not enter an appearance, file a defence or participate in the proceedings; instead, he presented no evidence to show that the allegations were true, fair comment, justified or protected by privilege.

The court noted that failing to file a defence did not automatically prove malice; however, it considered the circumstances of the message, the seriousness of the accusations, and the fact that there had been no apology or retraction.

📌 What You Need to Know

In assessing damages, the court considered the advocate's professional standing, having been admitted to the Roll of Advocates in 1996, and the serious nature of allegations involving corruption, fraud and criminality.

The magistrate also considered that the publication had been limited, and there was no evidence that the message appeared in a newspaper, on television or radio, on a public website or on a public social media platform.

Further, the court consequently awarded Ksh1.2 million in general damages and Ksh300,000 in aggravated damages, bringing the total to Ksh1.5 million, and declined to award separate exemplary or punitive damages.

The court, however, declined to issue a broad permanent injunction barring the defendant from making any defamatory statements about the advocate, saying such an order could go beyond the conduct proved and interfere with lawful communication or comment.

In particular, angry messages containing serious accusations can have legal consequences if they are false, defamatory and reach another person.

📰 Source: Kenyans.co.ke