Defamation in Kenya: when a post or statement is unlawful

Defamation protects reputation against false statements. In Kenya it is mainly a civil wrong, governed by the Defamation Act and common law principles.

What a claimant must prove

1. The statement was defamatory — it would lower the claimant in the estimation of right-thinking members of society.
2. It referred to the claimant.
3. It was published to at least one other person.

Written and broadcast statements (libel) are actionable without proof of special damage. Oral statements (slander) generally require proof of loss, with exceptions.

Defences

• Justification (truth).
• Fair comment on a matter of public interest, based on true facts.
• Privilege — absolute (e.g., court proceedings) or qualified (e.g., reports made in good faith to someone with a duty to receive them).

Remedies

Damages, an injunction against further publication, and an apology or correction.

Online statements

Sharing or retweeting can count as publication. Be careful with allegations about named individuals or businesses.

Time limits

Claims should be brought promptly; defamation has a short limitation period compared with other civil claims.

This article is general information, not legal advice on your situation.

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