By Barefoot Lawyers
KENZO AND KASUKU SAGA: Under normal circumstances, this matter could amount to an Assault or even Battery, and could potentially lead to a law suit against Eddy Kenzo.
However, from the media reports (including video footage), it appears like there might have been some sort of provocation by Kasuku, which could be used as a defense by Eddy Kenzo to justify his actions. In addition, it could potentially lead to a lawsuit against Kasuku because some of the statements uttered, as recorded on audio and video, could amount to Defamation (Slander), unless of course he has proof of the said acts and utterances.
Of course Kasuku could also claim “Fair Comment” as a defense and that his stories or questions were said due to Public Interest, and as a journalist, he was merely carrying out his journalistic duties which would then throw the ball back into Kenzo’s court to prove the statements were indeed not fair comment, and not for public interest, but meant to tarnish his image.
In our opinion, due to the prima facie complexity of this matter, we think it is best for both parties involved to try and reach an out of court settlement, as any court process might drag on for long, be expensive, and it would be difficult to predict the outcome.
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