There are two
types of defamation under Kenya law: oral defamation, known as slander, which is hateful speech, and published defamation,
referred to as libel. Any speech that
cripples an individuals reputation, in either form, is considered defamation.
If a comment brings a person into disrepute or contempt, it is likely to be
illegal according to defamatory law. In these instances, the person who makes
the ill-advised comments will face a defamation suit.
Typically Kenya defamation laws focus on the after effects of the comment and the tone in which they are delivered. If the attack is violent and has the intent of damaging someone's reputation or their career a defamation proceeding will commence.
Typically Kenya defamation laws focus on the after effects of the comment and the tone in which they are delivered. If the attack is violent and has the intent of damaging someone's reputation or their career a defamation proceeding will commence.
When is Defamation Considered Personal Injury?
Defamation under Kenya is considered to be part of personal injury law because it causes damage to someone's character. A victim of defamation or slander may bring action in court against the guilty party.The plaintiff under Kenya law must prove that there was actual damage to his or her character, or pain and suffering caused, in order to receive any compensation. There are several specific remedies under Kenya law available to defendants when they are able to prove defamation. This may include a retraction of the statement, and a re-publication of a truthful statement.
Plaintiff in a defamation or slander personal injury suit should be aware that there are several defenses that a defendant can use to escape liability. Claiming that the statement in question was actually truthful may excuse him or her from being liable for damages. The defendant can pose an argument that the statement was of valuable knowledge to the general public.
Any statement of defamation that was made in legal testimony will generally not be considered actionable. A defendant acting under the legal process is usually permitted to speak freely. The reason why it is so difficult for a plaintiff to claim defamation of character is because a person who is stating opinion is free to do so. A personal injury lawyer will be able to aid a plaintiff in determining whether or not there is enough evidence to bring about a defamation of character law suit.