In the age of social media, news travels fast — and so does false information. A single tweet, Facebook post, or viral WhatsApp message can damage a person’s reputation within minutes. But when does harmful speech cross the line into defamation — and when can you take legal action?
This article breaks down what qualifies as defamation under Kenyan law, how courts handle online cases, and the steps you can take to protect your name or business.
What Is Defamation?
Under Kenyan law, defamation is any false statement made about a person that lowers their reputation in the eyes of the public.
There are two types:
| Type | Description | Example |
|---|---|---|
| Libel | Written, printed, or posted defamation (including social media) | A Facebook post falsely accusing someone of fraud |
| Slander | Spoken defamation | A public statement or rumour damaging someone’s character |
When Is Defamation Actionable in Kenya?
For a defamation claim to succeed, all three conditions below must be met:
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The statement must be false — Truth is an absolute defence. If the statement is true and can be proven, it’s not defamation.
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It must be published or communicated to a third party — Private messages do not count unless shared beyond the intended recipient.
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It must harm your reputation — The statement must portray you negatively in your profession, community, or society.
Can You Sue for Defamation on Social Media?
✅ Yes. Kenyan courts recognise online posts, memes, videos, and digital content as valid grounds for defamation claims.
In recent cases, courts have ordered compensation and public apologies for defamatory content posted on:
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Facebook
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Twitter / X
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WhatsApp groups
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Blogs and YouTube channels
What Remedies Can the Court Grant?
If successful, you may receive:
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Monetary compensation (damages) for harm suffered
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An injunction to stop further publication
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A court-ordered public apology or retraction
What Should You Do If You Are Defamed?
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Preserve Proof – Take screenshots, links, or witness statements.
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Consult a Lawyer – They will assess whether the statement meets the legal threshold.
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Issue a Demand Letter – Often, defamation cases settle after a formal request for retraction or apology.
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File a Lawsuit – If the offender refuses to correct the damage.