The High Court has restrained a man from publishing or republishing allegedly defamatory statements against a Nairobi-based pastor and his church on various social media platforms.
Justice Nixon Sifuna partially allowed an application filed by Pastor Richard Stanley Takim in a defamation suit against Luke Chianga Chianga.
In his application, Pastor Takim accused the defendant of publishing content on Instagram, Facebook, X and Telegram alleging that he and his church were involved in cultism and other vices.
The pastor told the court that the posts were false, malicious and calculated to injure his reputation, integrity and standing in society, both personally and in his capacity as a church leader.
The court noted that the defendant had failed to file a defence or respond to the application.
In determining the matter, Justice Sifuna held that the material cited in the pleadings was potentially defamatory, noting that it was capable of lowering the plaintiff’s estimation in the eyes of right-thinking members of society.
However, the judge emphasized that a final determination on whether the statements were defamatory would only be made after a full hearing of the case.
The court found that the application met the legal threshold for the grant of an interlocutory injunction.
Justice Sifuna said he was particularly persuaded by the fact that the impugned content was published simultaneously across multiple social media platforms, increasing the likelihood of widespread circulation and repeat publication.
“As if to ensure it reaches a wide base of society,” the judge observed, adding that the manner of publication amplified the potential harm to the plaintiff’s reputation.
Consequently, the court issued an order restraining the defendant, his agents or anyone acting on his behalf from publishing or republishing similar defamatory material about the plaintiff pending the hearing and determination of the suit.
However, the court declined to grant a mandatory injunction compelling the removal of the existing posts, ruling that the material should be preserved as evidence for use during the trial.