The British Broadcasting Corporation (BBC) has won a significant legal victory in its defamation case with National Assembly Speaker Moses Wetang’ula. On November 28, 2025, the Court of Appeal unanimously ordered a halt to all High Court proceedings in the case, pending the outcome of the BBC’s appeal.
The dispute began with a 2015 documentary titled “Panorama: The Secret Bribes of Big Tobacco,” which was broadcasted by the BBC’s main current affairs program.
According to the documentary it was alleged that Wetang’ula received bribes from the multinational tobacco company British American Tobacco (BAT). In response, Wetang’ula filed a defamation lawsuit, requesting retraction and damages.
As part of its defense, BBC sought a “Letter of Request” to the High Court of Justice in England intended to permit the gathering of testimony and documents from UK-based sources essential to its case.
However, in rulings delivered on October 5, 2023, and November 27, 2024, the High Court rejected the request, claiming it was too general and vague. In addition the High Court also declined to stay the defamation suit during the appeal.
The Court of Appeal concluded that the broadcaster’s constitutional right to a fair trial would be violated if the High Court trial proceeded without first resolving the BBC’s right to obtain foreign evidence.
Justices Wanjiru Karanja, Kathurima M’Inoti, and Lydia Achode ruled that a stay was warranted under Rule 5(2)(b) and that the broadcaster’s appeal raised debatable legal issues under Civil Procedure rules.
The ruling effectively pauses the defamation case until the BBC’s appeal is fully heard. The question of who will bear the costs related to the stay will be decided once the appeal is concluded.
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