The British-owned agricultural company Kakuzi Plc will bear the costs of a defamation case it had filed against the Kenya Human Rights Commission in March last year.
This is after the High Court ordered Kakuzi to incur the cost by its advocates and those of KHRC.
Justice Anthony Mrima yesterday ordered the firm to bear the costs since it is the one that filed the lawsuit declining the company’s request to order each party to bears its costs.
“The termination of the petition was after the KHRC filed responses to the petition. The reason for withdrawal of the petition by Kakuzi was given as to enable investigations by an independent team,” said the judge.
Kakuzi sued KHRC over an article that alleges it has over the years condoned violence, killings, rape and labour injustices.
In the petition filed at the High Court in Milimani, the firm said the article published on February 14 after settlement of a case in the United Kingdom where 85 Kenyans were awarded Sh696 million by its parent firm Camelia Plc, could severely affect its business.
Through Kaplan & Straton Advocates law firm, Kakuzi described the article punished on the KHRC website as untrue and misleading. It wants KHRC compelled to pull it down and publish a correction.
Kakuzi said that besides the atrocities said to have been committed since 2003, KHRC also accused it of bad corporate governance and gross historical and land injustices which have displaced more than 13 neighbouring communities within Murang’a and adjacent counties’.
However, on July 27 last year, the firm withdrew the petition stating that there was no agreement between the parties on the issue of costs.