Court of Appeal Gives BBC Temporary Relief in Case Against Speaker Wetang’ula
The British Broadcasting Corporation (BBC) has secured temporary relief after the Court of Appeal paused High Court proceedings in the defamation case filed by National Assembly Speaker Moses Wetang’ula.
The pause will remain in place as the appellate judges review BBC’s appeal, marking a significant setback for Wetang’ula in the ongoing legal battle.
The BBC turned to the Court of Appeal after the High Court rejected its bid to obtain a Letter of Request to the High Court of Justice in England.
The broadcaster wanted witnesses in the United Kingdom to be examined and certain documents collected, arguing that this information was crucial for its defence. However, the High Court, in rulings issued on October 5, 2023, and November 27, 2024, dismissed the request.
Background of the Case
The matter stems from the BBC investigative documentary titled “Panorama: The Secret Bribes of Big Tobacco”, which aired on November 30 and December 4, 2015. In the programme, the broadcaster investigated alleged bribery schemes involving British American Tobacco (BAT).
Speaker Wetang’ula claims the documentary painted him as a person who accepted bribes from BAT, which he says damaged his reputation.
The BBC insists the High Court was wrong to throw out its request for assistance from the UK courts, saying the evidence it wants from England is essential to fully defend itself in the defamation case.
The broadcaster told the Court of Appeal that its application raised important legal questions that needed careful consideration.
On the other hand, Speaker Wetang’ula opposed the stay, accusing the BBC of embarking on a “fishing expedition” in search of unspecified evidence.
He argued that the broadcaster’s request lacked clarity, including details on the witnesses or the exact documents they wanted.
He also maintained that the appeal had no merit and that the High Court case would not affect the outcome of the appeal.
Court of Appeal’s Decision
A three-judge bench—Justices Wanjiru Karanja, Kathurima M’Inoti and Lydia Achode—ruled on November 28, 2025, that the BBC had met the legal threshold for stopping the High Court process while the appeal is heard.
They stressed that under Rule 5(2)(b) of the Court of Appeal rules, staying proceedings is allowed when an appeal is arguable and risks being rendered useless if the case proceeds in the lower court.
The judges noted that even though courts are usually cautious about delaying trials, there are moments where such action is necessary to protect the rights of the parties involved.
“Ultimately, we are persuaded that the applicant has satisfied both considerations under rule 5(2)(b) and is entitled to an order of stay of further proceedings in the High Court,” they ruled, adding that the halt will remain in place until the appeal is fully heard and determined.
They further explained that the BBC’s right to a fair hearing could be violated if the High Court trial continues while critical evidence remains unresolved. If the appeal succeeds later, the broadcaster could argue that the trial was conducted unfairly.
What the Ruling Means
This ruling effectively pauses the High Court case and gives the BBC a chance to convince the appellate court that its request for assistance from the UK should be granted.
The Court of Appeal will now determine whether the Letter of Request is lawful under Kenyan rules and whether evidence from England can be legally obtained for a defamation case filed in Kenya.
The judges emphasised that without the stay, the BBC’s appeal could be pointless if the High Court proceeds without considering the missing evidence. They also stated that the costs of the application will depend on the final outcome of the appeal.
BBC Also Under Pressure in Trump Dispute
Interestingly, this Kenyan court victory for the BBC comes just two weeks after the broadcaster was forced to apologise to US President Donald Trump over another Panorama episode.
That particular programme had edited parts of Trump’s January 6, 2021 speech in a way that made it appear he directly encouraged violence.
The BBC admitted that the edit gave “the mistaken impression that President Trump had made a direct call for violent action” and promised not to air the 2024 programme again. However, the corporation rejected Trump’s demand for compensation.
Trump’s legal team has threatened to sue the BBC for USD 1 billion (about 129.45 billion Kenya shillings) unless the broadcaster retracts the programme, offers a full apology and pays damages.
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