Defamation is governed by the Defamation Act (Cap 36) in Kenya. It protects individuals against false statements that may harm their reputation. Negligence is a common law tort where one has to prove a duty of care, breach of that duty, and resulting damages.

Negligence is the breach of a legal duty of care which results in damage of the defendant on the plaintiff. The Kenyan tort of negligence is based on English Common law where a general principle, that is ,"The Neighbour Principle" was laid down to determine liability against the defendant who did or omitted to do acts when it was reasonable that the acts or omissions would lead to breach of the duty of care and cause damages.

Defamation is an intentional tort that protects individuals against false statements that may harm their reputation. It is governed by the Defamation Act cap 36 , Laws of Kenya.The defendant must prove that the defamatory statement is substantially true for the defence of Justification.