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Laws regarding defamation in Kenya and how i can take legal action against people spreading false accusation
Laws regarding defamation in Kenya and how i can take legal action against people spreading false accusation
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Comments:
Winfred
said:
Defamation is the publication of false statements about an individual which causes harm to his/her reputation. There are types of defamation, that is, slander and libel. Slander applies to defamation made in a transitory form such as spoken words or gestures. Libel covers statements made in some permanent form, that is, printed or written words and it can also include films, pictures and statues. The laws governing defamation are provided for in the Defamation Act.
Taking legal action against defamatory statements/publications.
One can take a legal action by filing a case of defamation in a court of law. It is common ground that in a suit founded on the grounds of defamation the plaintiff must prove that:
i) The matter in which the plaintiff complains is defamatory in character.
ii) That the defamatory statements or utterance was published by the defendants.
iii) That it was published maliciously.
iv) In slander, the plaintiff has suffered special damages subject to certain exceptions.
It is necessary to inform the defendant that you are filing a case against them. Both parties will be required to attend a court hearing where after the hearing both parties will exchange all information regarding the case to ensure that no new information is introduced in the course of the case. New information that was not introduced at the disposition stage is usually disregarded. After disposition, the court requires the parties to settle the matter outside the court before going to trial. If it is difficult to reach settlement, the case will go to trial. The court will review the arguments and evidence of both sides and make a ruling. If the plaintiff wins the case, the court will award him/her compensation by determining how much damage the defendant's statements have brought.
It is advisable to try the Alternative Dispute Resolution mechanisms before going to court, if they fail, the plaintiff can now lodge a case in a court of law with the assistance of a lawyer.
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