ADVOKS GLOBAL · KENYA
Defamation Act
12. Publication without malice
Edition: 1992-10-23 · In force
12. Publication without malice
(1)In any action for libel contained in a newspaper or other periodical publication it shall be a defence for the defendant to show that such libel was inserted in such newspaper or periodical without malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity thereafter, he inserted in the same newspaper or periodical publication a full apology for the said libel, or, if the newspaper or periodical publication in which the said libel appeared should ordinarily be published at intervals exceeding one week, had offered to publish the said apology in any newspaper or periodical publication to be selected by the plaintiff.(2)The defence provided by this section shall not be available unless, at the time of filing his defence, the defendant has made a payment into court by way of amends.