Court dismisses suit against the ‘Standard’


Published on 24/06/2009

By Stella Mwangi

The High Court has dismissed a suit filled by Gilgil Hills Academy to block The Standard from publishing articles on the school.

The school, whose Director Isaac Kamunya has a pending corruption case, sued the Standard Group claiming damages over an article on the death of a pupil at the institution.

It sued for defamation claiming The Standard published defamatory articles on the school in March.

The school also applied for a temporary injunction to restrain the defendant from further publication of stories on the institution.

Lawyers representing the institution claimed further publication might lead to withdrawal of pupils.

In its defence, The Standard admitted publishing the words which were true and consisted opinion and comments made in good faith on a matter of public interest.

Yesterday, Nakuru Judge David Maraga said it was not in dispute that the basis of the publication was the death of a pupil in the school eight months before the publication.

No contest

"The fact is not disputed as Linda Chepkorir actually died in the school, what is in dispute is whether or not her death was as a result of the school negligence," he said.

Justice Maraga added that there was no evidence to disapprove The Standard’s allegations that the death was as a result of the school’s negligence.

"There is nothing to show that children were withdrawn from the school as a result of the publication so I cannot see the loss that the school will suffer upon further publication, I therefore find no merit in this case and accordingly dismiss it with costs," he added.

Kamunya faces three counts of corruption before a lower court.

He has denied attempting to bribe Standard reporter Alex Kiprotich on two occasions.

 

 

Read all about: The Standard Nakuru

 

 

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