The High Court in Nairobi has dismissed a bid by the University of Nairobi (UoN) to overturn a decision that reduced the legal costs it had sought from The Standard Group Limited in a defamation dispute.
Justice Prof. (Dr.) Nixon Sifuna upheld a ruling by Taxing Officer Sylvia Motari, who had in February this year assessed the university’s instruction fees at Sh100,000 and getting-up fees at Sh33,333, far below the Sh7.9 million the institution had claimed.
The dispute arose from a 2017 defamation case Nairobi HCCC No. 70 of 2017 in which UoN sued the media house over a story published in The Standard newspaper titled “Shocking Case of 120,000 Useless Degrees.”
The article alleged that the university had been censured by the Commission for University Education (CUE) for awarding degrees to prominent individuals who hired researchers to write their theses.
UoN argued that the story was false and damaged its reputation as a leading academic institution in East Africa.
The case was later settled through a consent agreement in which the Standard Group was appointed as the university’s official media partner during the launch of the University Foundation in June 2022.
Following the settlement, the parties disagreed on legal costs, prompting taxation proceedings.
The university, represented by Ngatia & Associates Advocates, later filed a reference challenging the taxing officer’s award, terming it “manifestly low” and “based on an error of principle.”
In his ruling, however, Justice Sifuna found that the taxing officer had correctly applied the Advocates Remuneration Order and the law governing taxation of costs.
“Taxation is neither rocket science nor a mathematical exercise entailing abstract constructs. It is a straightforward factual enterprise based on the pleadings, judgment, or settlement,” he observed.
The judge held that defamation suits should not be viewed as automatic avenues for huge financial awards.
He said damages in such cases depend on several factors, including the defendant’s conduct, the extent of publication, and whether an apology has been made.
“The belief that every defamation case guarantees millions is a mistaken one,” he said, adding that compensation in such cases should not be an avenue for enrichment but for restoring reputation.
Justice Sifuna ruled that the taxing officer’s decision was fair, lawful, and within the proper exercise of discretion.
“This was a straightforward defamation suit that cannot be classified as complex litigation requiring exceptional skill or resources,” he ruled.
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