The case of Governor Waiguru seeking compensation for an allegedly defamatory story published seven years ago by a Kenyan blogger should be mentioned before Judge Weldon Korir.
The governor should tell the court whether she has provided the California-based multinational corporation with court documents for them to file their statement of defense.
However, a notice from the court indicated that the judge had been absent on duty for weeks. The case will resume on June 22nd.
The case is expected to determine the responsibility and liability of online providers such as Google with respect to materials and content published by became third-party users.
Allegedly defamatory content
Ms. Waiguru went to court in July 2014 when she was the Cabinet Secretary for Decentralization and Planning, and requests an order to force a blog site called The Daily Post to remove allegedly defamatory content.
She wants the global search engine to be held responsible for the article alongside The Daily Post, which spread the allegedly defamatory story against her.
She believes that Google Inc and its Kenyan subsidiary, Google Kenya Limited, are parties to the injustice suffered by the owners, authors and publishers he from The Daily Post committed against them.
The governor alleged that something In April 2014 the blog published on one of Google Inc. provided platform – in particular the content management system http://www.blogger.com/ – an article that damaged their reputation.
The Article published after President Uhuru Kenyatta’s dismissal of former chairman of the Youth Development Fund Gor Semelang’o.
Ms. Waiguru argues that she has a right of appeal due to the offense from the offensive publication, but cannot exercise that right if the information is in the possession of Google Inc and Google Kenya Ltd regarding the owners, authors and Provided by The Daily Post’s editor.
p ie called on the court to issue an order requiring Google to disclose information such as identity, including name, address, phone number, verification email address, access logs, all login IP addresses and account status of people, who own, control, publish or post the well-known site called The Daily Post .
Ms. Waiguru also asked the court to issue an order , who instructs Google to remove or have removed and permanently deleted all defamatory statements posted on the blog that concern them.
She also wants Google to do so permanently is prevented from allowing the search results pertaining to them from The Daily Post.
Google Kenya Ltd wanted to be removed from the proceedings, arguing that it was not responsible for the publication of the material be the platform is owned by Google Inc, which only pays the local operations a marketing fee through Google Ireland.
Separated from US company
It stated that while it is a shareholder of Google Inc., that fact alone cannot be used to conclude that the two legal entities are inextricably linked. The local company further argued that it was separated from the US company even though it did the marketing for Google Inc. and was a Google sales agent.
But the court declined the application and decided that the question of responsibility for a post or publication on the Google website is new in Kenya and requires clarification of complex legal issues in an appropriate factual context.
” Given the importance and complexity of the subject, as well as the fact that it is an evolving area of law, it would be clearly inappropriate to remove the second defendant at this stage, “said Isaac Lenaola, a High Court Justice who is now in the Supreme Court.
He said that Google Kenya Ltd would not suffer any disadvantage by participating in the process.