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A Kenyan High Court has issued a temporary injunction protecting Nation Media Group journalist Simon Ciuri in an ongoing defamation case against directors of Willstone Homes Limited.
The dispute arose after Ciuri allegedly published a story about the company in August 2024, which led to online backlash and accusations made against him on YouTube and other social media platforms.
The defendants, including Willstone Homes co-founders Ejidio Kinyanjui Gitau and Victor Muusya Cosmus, are accused of publishing statements claiming the journalist was bribed to tarnish the company’s reputation.Justice Nixon Sifuna ruled that Ciuri had established a prima facie case that warranted protection while the matter proceeds to full hearing.The court therefore restrained the defendants from repeating or continuing with the alleged defamatory statements across any media platforms.
However, the judge declined to issue a mandatory injunction requiring the removal of existing content from social media, noting that such orders are only granted in exceptional circumstances.
In his ruling, Justice Sifuna emphasized the serious impact of reputational harm in the digital era, observing that defamatory content can spread rapidly to wide audiences within seconds, making it difficult to measure actual damage.He also highlighted that professional reputation is particularly sensitive, as harm to it may be irreversible and potentially career-ending.
While acknowledging the defendants’ defences of truth and fair comment, the court held that the journalist had presented an arguable case that required a full trial.
The judge further noted that although the alleged statements appeared defamatory on their face, the final determination would depend on evidence tested in court.Costs for the application were awarded to Ciuri.
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