A French court has dismissed a defamation case filed by healthcare entrepreneur Jayesh Saini against Paris-based Kenyan activist Nelson Amenya, citing protections under European Union laws on freedom of expression.
Saini accused Amenya of defaming him and his businesses in a series of posts on social media platform X (formerly Twitter). The posts highlighted alleged irregularities in contracts related to the transition from the National Health Insurance Fund (NHIF) to the Social Health Authority (SHA).
Saini sought €60,000 (approximately Kes.8 million) in damages and legal fees, claiming the posts damaged his reputation and business interests.
However, Judge Francois Hary ruled that Amenya’s posts were protected under free speech laws as they addressed matters of public interest, including corruption and Kenya’s healthcare sector. The judge noted that the posts were primarily directed at a Kenyan audience and found no sufficient evidence to prove harm to Saini’s reputation or businesses in France.
Amenya Challenges Jurisdiction
In his defense, Amenya argued that the French court lacked jurisdiction over the case. He maintained that the dispute originated in Kenya and involved matters directly affecting Kenyans. Amenya suggested that a Nairobi court would be better suited to hear the case.
He also pointed out that Saini had already filed a similar defamation case in Nairobi, which remains active in the Chief Magistrate’s Court in Milimani. In the Nairobi case, Saini failed to secure the orders he sought, which Judge Hary acknowledged as further evidence that the social media posts reflected issues deeply rooted in Kenya’s public and judicial discourse.
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Court Upholds Free Speech Protections
While the French court agreed with Saini that it had jurisdiction—since Amenya resides in France, even temporarily—it emphasized that plaintiffs in defamation cases must prove harm under the laws of the country where the case is filed. In this instance, Saini failed to demonstrate any harm to his reputation or businesses in France, leading to the dismissal of his claim.
The court also rejected Saini’s request to have Amenya’s social media posts removed, citing insufficient evidence to justify such an order.
Costs Awarded to Amenya
In addition to dismissing the case, the court ordered Saini to pay €5,000 (approximately Kes.667,000) to cover Amenya’s legal fees and other expenses incurred while defending the suit. This decision reinforces the protection of free speech in discussions involving public interest matters, particularly those concerning governance and corruption.
For now, the defamation case in Nairobi remains ongoing, as Saini continues his legal battle against Amenya over the same social media posts.
