By Andrew Kariuki
The Court of Appeal has overturned a High Court decision that awarded Ksh8 million in damages to businessman Jimmy Wanjigi and his wife Irene Nzisa over a false obituary published by Nation Media Group.
In its ruling, the appellate court found that Nation Media Group (NMG) acted reasonably and responsibly after the erroneous obituary was published, effectively setting aside the earlier compensation award.
The dispute arose from a 2019 High Court judgment in which the Wanjigis had been awarded Ksh8 million, Ksh4 million each, after the court found that the publication violated their right to privacy. The obituary, which appeared in the Daily Nation in February 2018, falsely reported that Wanjigi had died following a failed robbery.
However, the Court of Appeal took a different view, holding that NMG did not originate the false publication and had taken prompt and appropriate steps to address the error.
The court noted that the media house conducted internal investigations, issued a public apology, and cooperated with authorities by providing CCTV footage that aided in identifying and arresting the individual responsible for placing the fake obituary.
According to the appellate judges, these actions demonstrated that NMG had exercised due diligence and acted in good faith once the issue came to light.
The ruling underscores the importance of assessing liability in media-related disputes based not only on publication, but also on how swiftly and responsibly a publisher responds to errors.
By overturning the award, the Court of Appeal effectively relieved NMG of financial liability, marking a significant development in the case that has drawn attention to accountability standards in media practice.
