By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Sign In
  • U.S.
  • International
  • Canada
  • Española
WEEKLY NEWS FINAL WEEKLY NEWS FINAL
  • Home
  • Politics
  • Justice & Crime
    • Court News
    • Investigations
    • Fraud & Corruption
    • Crime
  • World
  • Technology
    Court News
    Justice Aburili declines to certify as urgent a petition challenging the latest fuel price

    Justice Roselyne Aburili has declined to certify as urgent a constitutional petition challenging the latest…

    4 Min Read
    Court News
    APolice Officer accused of Garissa killing aTaxi Driver to be charged tomorrow.

    A plea taking against a Police Officer accused of killing a Garissa Taxi Driver Deferred…

    2 Min Read
    Court News
    “I Was Intimidated”: Jackson Kihara Gachagua Seeks to Overturn 20-Year Jail Term

    Jackson Kihara Gachucha, the son of former Nyeri Governor the late Nderitu Gachagua, has moved…

    4 Min Read
    sports
    Arsenal’s Title Push Fuels Growing Matchday Entertainment Trends

    Arsenal’s recent title ambitions have sparked massive excitement among football supporters as the club continues…

    1 Min Read
    Court News
    Court Rejects Bid to Detain Gold Scam Suspects for 10 Days, Grants Them Bond

    A Nairobi court has dismissed an application by the prosecution seeking to detain two suspects…

    3 Min Read
    • Check out more:
    • Fashion
    • Travel
    • Business
    • National News
    • World
  • Business
  • Insights
  • County News
Reading: Court Bars Kung’u Muigai from New Defamatory Remarks Against Justice Lenaola.
Share
The Weekly NewsThe Weekly News
Font ResizerAa
  • Home
  • Politics
  • Latest News
  • Justice & Crime
  • Business
  • Health
Search
  • Home
  • Politics
  • Latest News
  • Justice & Crime
    • Court News
    • Fraud & Corruption
    • Investigations
    • Crime
  • Business
  • Health
Have an existing account? Sign In
Follow US
© 2022 Foxiz News Network. Ruby Design Company. All Rights Reserved.
The Weekly News > Court News > Court Bars Kung’u Muigai from New Defamatory Remarks Against Justice Lenaola.
Court News

Court Bars Kung’u Muigai from New Defamatory Remarks Against Justice Lenaola.

Cibber Njoroge
Last updated: December 19, 2025 1:00 pm
Cibber Njoroge
Share
SHARE

The High Court in Nairobi has partially granted an interim injunction sought by Supreme Court Judge Isaac Lenaola against businessman Kung’u Muigai. While stopping short of ordering the removal of existing online content, the court has barred Muigai from making any further defamatory statements against the judge pending the full determination of a lawsuit.

 

The ruling, delivered by Prof (Dr) Nixon Sifuna on 18th December 2025, stems from a defamation suit filed by Justice Lenaola. He accused Muigai of publishing and republishing allegations across multiple social media platforms and digital channels, including YouTube, TikTok, Facebook, X, and WhatsApp.

 

The allegation, which Muigai has admitted to making, is that Justice Lenaola, while serving as a High Court judge years ago, accepted a bribe of one million Kenyan shillings to deliver an adverse judgment in a case involving Muigai and a company he was associated with.

 

Justice Lenaola, in his application, contended that the widely disseminated statements were false and designed to destroy his reputation locally and internationally, thereby undermining public trust in the judiciary.

 

He presented evidence of a video interview posted on a TikTok account with nearly 20,000 followers, which garnered thousands of interactions. The plaintiff argued that Muigai had continued a “sustained onslaught” even after the suit was filed and a demand letter sent, showing no intention of desisting.

 

Muigai, in his defence, not only admitted to the publications but pleaded the defences of truth and fair comment. His lawyer, Senior Counsel Nelson Havi, argued against the injunction. “The Plaintiff is a corrupt judge who has no reputation to protect,” Mr Havi submitted, adding, “Hence that the Defendant was justified in accusing him of corruption.” The defence relied on legal authorities suggesting that interim injunctions should rarely be granted in defamation cases where such substantive defences have been raised.

 

Justice Sifuna acknowledged the heightened caution required when granting pre-trial injunctions in defamation matters, which sit at the crossroads of freedom of expression and the right to dignity. He referenced the established test from the case of Giella v. Casman Brown but noted that Kenyan jurisprudence requires an additional layer.

 

“In defamation suits, interlocutory pre-trial injunctions may be issued where the Application has satisfied the legal threshold in Giella, as well as the requisite supplemental threshold of additionally also demonstrating that there exist exceptional factors or circumstances,” the judge outlined.

 

The court found such exceptional circumstances present. It noted the repetitive and persistent nature of Muigai’s utterances, which continued unabated after the lawsuit began, creating a reasonable fear of further publication. “The Defendant has continued making those utterances despite the pendency of the suit, and he is unlikely to cease or desist, because he believes they are true and justified. He is unlikely to stop, unless restrained by a court order,” the ruling stated. This pattern satisfied the court that a prohibitive injunction was “most compelling and most inviting.”

 

However, the judge declined to issue the more drastic mandatory injunction sought by Justice Lenaola, which would have compelled Muigai to delete, retract, and pull down all existing defamatory material from the internet. Justice Sifuna held that the legal threshold for a mandatory order was even higher, typically reserved for cases where a defendant has no defence.

 

With Muigai having raised defences of truth and fair comment, which are complete defences if proven, forcing removal now could prejudice him should he ultimately succeed at trial. “Such a drastic action, may result in prejudice to the Defendant, for instance if the court later in its judgment, finds that there was no defamation,” the judge reasoned.

The court refused to pre-judge the central issue of whether Justice Lenaola’s reputation was irredeemably damaged, as alleged by the defence. Dismissing the defence’s characterisation of the plaintiff as having no protectable reputation as “premature,” Justice Sifuna affirmed a foundational legal principle. “Afterall, everyone is presumed to have a good reputation, until proved otherwise. Which is a rebuttable presumption, to be rebutted by the adduction of evidence at trial,” he stated.

Subscribe to Our Newsletter
Subscribe to our newsletter to get our newest articles instantly!
[mc4wp_form]
Share This Article
Email Copy Link
Previous Article Senior P.C.E.A officials fined over contempt of Court
Next Article Four Charged Over Ksh 40 Million Sacco Fraud in Nairobi.
Leave a Comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Editor's Pick

Mtetezi- Francis Awino

Justice Aburili declines to certify as urgent a petition challenging the latest fuel price

Justice Roselyne Aburili has declined to certify as urgent a constitutional petition challenging the latest fuel price increases announced by…

By Cibber Njoroge
4 Min Read
APolice Officer accused of Garissa killing aTaxi Driver to be charged tomorrow.

A plea taking against a Police Officer accused of killing a Garissa…

2 Min Read
Jackson Kihara Gachagua
“I Was Intimidated”: Jackson Kihara Gachagua Seeks to Overturn 20-Year Jail Term

Jackson Kihara Gachucha, the son of former Nyeri Governor the late Nderitu…

4 Min Read

Top Writers

Oponion

Arsenal’s

Arsenal’s Title Push Fuels Growing Matchday Entertainment Trends

Arsenal’s recent title ambitions have sparked massive excitement among football…

May 20, 2026

Court Rejects Bid to Detain Gold Scam Suspects for 10 Days, Grants Them Bond

A Nairobi court has dismissed an…

May 20, 2026

Politician Boris Agonga Acquitted in Forgery Case, Gains Major Political Boost Ahead of Funyula Race.

Boris Owiye Agonga has been acquitted…

May 20, 2026

Aisha Jumwa’s Appointment to Kenya Roads Board Nullified, High Court Rules.

Former Cabinet Secretary Aisha Jumwa has…

May 20, 2026

Ex-director blamed as KRA pursues Oki General Trading over Sh827 million tax row.

Former Oki General Trading director Honey…

May 19, 2026

You Might Also Like

Court News

High Court Bars Robert Alai from Defaming Lawyer Danstan Omari in Ksh 100M Lawsuit.

High Court Bars Robert Alai from Defaming Lawyer Danstan Omari in Ksh 100M Lawsuit. The High Court passed an order…

2 Min Read
Daniel Muriithi Waweru
Court News

Daniel Muriithi Waweru appeared before magistrate Benmark Ekhubi and denied the charges.

Daniel Muriithi Waweru was charged that on diverse dates between October 8, 2020, and June 22, 2022, at industrial area…

2 Min Read
Court News

High Court Sets Timelines in Petition Challenging SHA, SHIF and Digital Health Systems

A constitutional petition has been filed at the High Court of Kenya in Kiambu County challenging the legality and constitutionality…

3 Min Read
Court News

Lawyers Seek Appeal After Court Acquits Man in Fraud Case

A Nairobi court's decision to acquit a man accused of obtaining a Kenyan national identity card by false pretense has…

4 Min Read
WEEKLY NEWS FINAL

The Weekly News is a daily digital news platform delivering fast, accurate, and reliable updates on news, business, tech, crime, and more. We keep you informed, every day.

Quick links

  • About Us
  • Contact Us
  • Write your Article

Links

  • Editorial Standards & Ethics
  • Privacy Policy
  • Videos

© 2026 || The Weekly News ||. All Rights Reserved.
Go to mobile version
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?