The court of appeal has reversed an award of Sh 4.5 million that was awarded to Machakos governor Alfred Mutua for allegedly being defamed his character and professional standing.
Alfred Mutua had claimed that the media house had been careless in publishing his opinion on the state of the Nation during the 2008 post elections violence during an interview at Nation media group owned Daily Metro which was based in Kampala Uganda
The court of appeal faulted the High court for failing to consider the legal tests that inform fair comment. The editors who interviewed the then government spokesman perceived that his comments construed the government’s position at that time as he was working in that capacity.
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The Judges noted that although there were some statements that were inconsistent with what was later expressed by president Mwai Kibaki,they also noted that that the media house posed the question asking who Alfred Mutua stood for.
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