1. The Standard Limited 2. Deo Omondi v Anyasi Olusese

The trial Judge considered the respondent's standing as a former State Counsel, the gravity of the libel (allegations of theft and criminal offences punishable by imprisonment), the appellant's failure to apologise or withdraw the articles, and comparable recent awards to advocates including Gicheru, Kagia, KTDA v Masese and Musinga. Applying Butt v Kiyan and Rock v Fairrie, the Court found no basis to substitute its own figure, noting the Judge was mindful of judicial aversion to excessive defamation awards.

Counsel for the appellants argued the trial Judge wrongly took into account the failure to apologise or withdraw the offending articles and the respondent's non-request for a correction. The Court held the Judge correctly applied the principles: the extent and gravity of the libel, mitigating factors and aggravating factors are all legitimate considerations in defamation quantum, and the failure to retract was not extraneous.

Although the interest issue was not raised in the Memorandum of Appeal or submissions and rule 104 of the Court of Appeal Rules deprives the Court of jurisdiction to consider it, the Court nonetheless observed that costs and interest follow the event. The appellants were therefore liable for interest from the date of the High Court judgment at court rates, with the admitted payment of Kshs. 1 million in January 2011 deducted from the principal on which interest is computed.