Can someone be jailed for defamation?
Defamation Act; Limitation of Actions Act; High Court, Okuta v AG · sources read 2 Oct 2026
Generally no. In 2017 the High Court declared criminal defamation (Penal Code s. 194) unconstitutional, except for speech the Constitution does not protect, like hate speech or incitement to violence. If someone published false things that hurt your reputation, you can sue them for damages within 12 months.
- Deadline
- Libel or slander case: within 12 months
- Deadline
- Newspaper correction request: within 14 days of publication (never after 6 months)
- Where
- In court (not the Small Claims Court): online on Judiciary e-filing (efiling.court.go.ke) or at the court registry. Newspaper corrections: in writing to the editor or publisher.
Steps
- If it was printed in a newspaper, write to the editor or publisher within 14 days asking for a correction (right of reply).
- The newspaper must print the correction free, with similar prominence and in a similar place to the original story.
- To claim money for the harm, file a civil case for libel (written or broadcast) or slander (spoken). The court decides the damages.
- You can file online on the Judiciary e-filing platform (efiling.court.go.ke).
Watch out
- Defamation cases can't go to the Small Claims Court.
- The National Legal Aid Service does not give legal aid for defamation cases.
- If you could have asked a newspaper for a correction and didn't, the court may cut the damages it awards you.
Who this covers
- Anyone who speaks or posts: criminal defamation charges were struck down, except for war propaganda, incitement to violence, hate speech or advocacy of hatred.
- Anyone whose reputation is harmed: the Constitution says everyone must respect the rights and reputation of others.
Official sources (7)
- Jacqueline Okuta & another v Attorney General & 2 others [2017] KEHC 8382 (KLR), Petition 397 of 2016 new.kenyalaw.org · read 2 Oct 2026
- Defamation Act (Cap. 36) new.kenyalaw.org · read 2 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 2 Oct 2026
- Small Claims Court Act, 2016 (No. 2 of 2016) new.kenyalaw.org · read 2 Oct 2026
- Legal Aid Act, 2016 (No. 6 of 2016) new.kenyalaw.org · read 2 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026
- Judiciary e-Filing FAQs judiciary.go.ke · read 2 Oct 2026