Mutahi Ngunyi, a former Nation columnist and political analyst, openly stated that he planned to sue the Sunday Standard for defamation of his character. The Sunday Standard claimed Ngunyi was one of the advisers who had been misleading President Uhuru Kenyatta. Ngunyi denied these allegations. Here we have an example where one may sue another over defamation, as it is Ngunyi’s character and reputation which is in jeopardy.

“I am not, and never was, adviser to Uhuru,” Ngunyi said in a tweet.

Kenyan law allows for individuals to sue one another if someone has been defamed, which means their character or reputation was harmed. It’s a common, everyday occurrence. Typically, individuals do not end up earning a great sum. In clear cases of defamation, compensation usually comes to a fixed point, though it can vary. The court must decide the worth of the damage based upon the crime and, more often than not, the money received is a fixed amount, dependent on a specific crime. For example, Section 16A of the Defamation Act states that if you are accused of doing something punishable by death, then payable damages will not be less than Sh1 million.

Then why don’t more people sue for defamation of character? Sometimes it just may not be worth it. Hiring a lawyer in Kenya can be a costly, especially if you lose. If you fail, you’ll have to pay for your lawyer and the lawyer of the person you are suing. However, if you should win, the court must approximate the damage incurred and the monetary value of that damage.

Suing someone for defamation doesn’t exactly look great, either. The court case itself could cause further damage to one’s reputation, depending on the situation. Under Kenya law, it may be that lawsuits involving defamation are best left for those wealthy or famous individuals who have some kind of reputation to protect.

Source: Nation