Google loses first round of court battle with CS Ann Waiguru

Google Kenya
Google Kenya country manager Joe Mucheru speaks at a past event. The firm has denied responsibility for an alleged defamatory material against Planning secretary Ann Waiguru published by a blog. PHOTO | FILE

In Summary

  • The Constitutional and Human Rights Division of the High Court declined to grant Google Kenya’s prayers to be struck out of the case in which Ms Waiguru has sued the Internet firm.
  • Google Kenya applied in response to a suit the CS had filed against it and Google Inc. as part of her fight with a Kenyan website Daily Post over publication of a story she claims was defamatory and libellous about her.
  • Ms Waiguru had sought court orders compelling Google Kenya to reveal the identities of the owners of the Daily Post in order to facilitate the legal action she wanted to take against the publishers.

Internet giant Google has lost round one in a court battle with Planning secretary Anne Waiguru that is expected to define the boundaries of liability for online carriers of material posted by third parties. As reported by Brian Wasuna.

The Constitutional and Human Rights Division of the High Court, sitting in Nairobi, declined to grant Google Kenya’s prayers to be struck out of the case in which Ms Waiguru has sued Google Kenya and its mother company Google Incorporated.

Google Kenya had made the application in response to a suit the Cabinet Secretary had filed against it and Google Inc. as part of her fight with a Kenyan website Daily Post over publication of a story she claims was defamatory.

Google Kenya had argued in its application that it was not responsible for publication of the same material as the platform is owned by Google Inc. which only pays the local operation marketing fee through Google Ireland.

Google Kenya said it was only responsible for marketing and service support for Google Inc, hence it could not be held responsible for the defamatory material.

In a ruling made last Friday, Justice Isaac Lenaola declined to strike Google Kenya from the suit, arguing that it was too early to tell whether the firm was aware of the offensive material and if it could have been able to prevent its publication. Read further

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 266 other subscribers