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Section 198 of Penal Code CAP 63: Cases in which publication of defamatory matter is absolutely privileged

    

(1) The publication of defamatory matter is absolutely privileged, and no person shall under any circumstances be liable to punishment under this Code in respect thereof, in any of the following cases, namely—
(a) if the matter is published by the President, or by the Cabinet of Ministers, or in Parliament, in any case in an official document or proceeding; or
(b) if the matter is published in the Cabinet of Ministers, or in Parliament, in any case by the President, or by a Minister, or by a
Member of Parliament, as the case may be; or
(c) if the matter is published by order of the President or by order of the Cabinet of Ministers; or
(d) if the matter is published concerning a person subject to military or naval discipline for the time being, and relates to his conduct as a person subject to such discipline, and is published by some person having authority over him in respect of such conduct, and to some person having authority over him in respect of such conduct; or
(e) if the matter is published in the course of any judicial proceedings by
a person taking part therein as a judge, magistrate, commissioner, advocate, assessor, witness or party thereto; or
(f) if the matter published is in fact a fair report of anything said, done or published in the Cabinet of Ministers or in Parliament; or
(g) if the person publishing the matter is legally bound to publish it.
(2) Where a publication is absolutely privileged, it is immaterial for the purposes of this Chapter whether the matter be true or false, and whether it be or be not known or believed to be false, and whether it be or be not published in good faith:
Provided that nothing in this section shall exempt any person from any liability to punishment under any other Chapter of this Code or under any other written law in force within Kenya.

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