Is libel a crime in Kenya?

Background of Defamation in Kenya In line with the international freedom of expression standards, the High Court in Kenya declared criminal defamation under Section 194 of the Penal Code unconstitutional.

What are the grounds for libel case?

Generally, the constitutive elements of libel are: (a) defamatory imputation; (b) malice; (c) publication; and (d) identifiability of the victim. Where one element is missing, the libel action should be dismissed.

What is the fine for defamation in Kenya?

195.) The general punishment imposed on conviction for a misdemeanor, including defamation, is a maximum of two years in prison and/or a fine. (Id.

How much is the fine for defamation?

500. Punishment for defamation. —Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

What is the best defense against libel?

Truth. Truth is an absolute defense to defamation. Remember that defamation is a false statement of fact. So, if the statement was accurate, then by definition it wasn’t defamatory.

What happens if you lose a libel case?

A successful claimant in a defamation claim is entitled to recover, as general damages, a sum which will compensate them for the wrong suffered. That sum must compensate them for the damage to their reputation, vindicate their good name and take account of the distress and humiliation which the publication has caused.

How much is the bail for libel case?

The bail for libel under the Revised Penal Code is usually set at P10,000 per count, but it is higher in the cyber- libel class, which is set at P80,000 per count.

How much is the fine for libel?

LIBEL now carries a higher penalty of fine from the old rate of P200 to P6,000 to the new rate of P40,000 to P1. 2 million. The new penalty is stated under the Republic Act 10951, which adjusted among others the fines imposed under the Revised Penal Code.

What are the 3 defenses for libel?

The major defenses to defamation are:

• truth.
• the allegedly defamatory statement was merely a statement of opinion.
• consent to the publication of the allegedly defamatory statement.
• absolute privilege.
• qualified privilege.
• retraction of the allegedly defamatory statement.

Which of the following Cannot sue for civil libel?

Which of the following cannot sue for civil libel? The estate of any dead person who has been libeled.