Kenya's Court of Appeal has granted the BBC a temporary stay on High Court proceedings in a long-running defamation lawsuit filed by National Assembly Speaker Moses Wetang'ula. The decision pauses the case pending the appeal's outcome, stemming from a 2015 BBC documentary alleging bribery ties. This ruling aims to safeguard the broadcaster's right to a fair trial.
The defamation dispute originated from the BBC's Panorama program, 'The Secret Bribes of Big Tobacco,' broadcast on November 30 and December 4, 2015. Speaker Wetang'ula contends that the documentary falsely portrayed him as receiving bribes from British American Tobacco, damaging his reputation.
In recent developments, the High Court rejected the BBC's applications on October 5, 2023, and November 27, 2024. These denials included the broadcaster's bid for a Letter of Request to the High Court of Justice in England, aimed at securing witness testimonies and documents crucial to its defense. The High Court viewed the request as overly broad, lacking specifics on evidence or witnesses, and also dismissed a stay of proceedings.
The BBC appealed, arguing that the evidence from England was vital and that the High Court's decisions raised significant legal questions. Wetang'ula countered that the appeal lacked merit and constituted a mere fishing expedition, insisting that ongoing High Court proceedings would not undermine the appeal.
On November 28, 2025, a three-judge panel of the Court of Appeal—Justices Wanjiru Karanja, Kathurima M'Inoti, and Lydia Achode—ruled in the BBC's favor. They determined that the appeal presented arguable issues and that continuing the trial could violate the broadcaster's constitutional fair hearing rights.
"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, which we hereby issue, until the hearing and determination of the applicant’s appeal," the judges stated. They emphasized that such stays are granted judiciously under appellate rules to prevent injustice, with costs to follow the appeal's result.
This pause allows the Court of Appeal to assess the validity of the Letter of Request under Kenyan law and the feasibility of obtaining overseas evidence, potentially shaping the case's future trajectory.