In our jurisdiction, the word Defamation has been defined in the Media Services Act No. 12 of 2016 under section 35(1) to mean: “Any matter which, if published, is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or likely to damage any person in his profession or trade by an injury to his reputation”. More to that, the Court of Appeal when deciding case of PROFESSOR IBRAHIM H. LIPUMBA VS ZUBERI MZEE [2004] T.L.R. 381; established what constitutes a Defamatory Statement as a deliberate, untrue, derogatory statement usually about a person, whether in writing or orally. In the light of the above definitions, this court finds that, the tests as to whether the alleged statement is defamatory or not are as follows: i) The statement is untrue or false statement; and ii) The effect of the statement is to lower a person in estimation of the right-thinking members of the society. Therefore, in resolving the 1st issue this court will apply the above tests to find whether the published statements are defamatory or not. 18

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