Imputation of a contagious or infectious disease If the Slander goes into details of the offence, it is not actionable per se if the details are inconsistent with another.Ģ. There must be a direct imputation of the offence and not merely a suspicion of it and the offence must be punishable imprisonment in the first instance. Where the defendant makes a statement, which imputes a criminal offence punishable with imprisonment under the Penal Code, then such Slander will be actionable per se. All cases of Libel are actionable per se but Slander is only actionable on proof of actual damage with 4 exceptions under the Defamation Act, which are actionable per se.ĬASES OF SLANDER THAT ARE ACTIONABLE PER SE: Libel is not merely actionable as a tort but is also a criminal offence whereas Slander is a civil wrong only.ģ. Libel is defamation in permanent form whereas Slander is defamation in transient form.Ģ. There are however clear differences between Libel and Slander ġ. This is different if you say students in school x are liars coz then they can sue Note defamation made in relation to a group isn’t always actionable e.g all lawyers are liars. It is actionable per se, that is, without proof of damage. This is a permanent form of defamation in the sense that the statement is printed or documented. Where the statement imputes incompetence on the plaintiff in his trade, occupation or profession Where the statement imputes unchastity on a womanĤ. Where the statement imputes a contagious disease on the plaintiffģ. Where the statement imputes a criminal offence punished imprisonmentĢ. Though there are some exceptions such as ġ. This kind of defamation is actionable upon proof of damage. This is a non-permanent form of defamation, usually word of mouth. The statement must refer to the plaintiff The statement must be defamatory, that is, arouse some form of ridicule or contempt from the right thinking members of the societyģ. The defendant must have made a false statementĢ. This constitutes publication of false statement about a person which ends up lowering the person’s reputation in the estimation of right-thinking members of society, without justification.ġ.

Defamation act kenya