The High Court in Kiambu has ordered a man to pull down defamatory remarks against Majority Leader in the National Assembly Kimani Ichung’wa.
Justice Dorah Chepkwony ordered Samuel Ndung’u to pull down the defamatory remarks from his Tiktok platform. Ndungu accused Ichung'wa of misappropriation of public and constituency funds.
The judge also issued a temporary injunction restraining Ndung’u from republishing the remarks against Ichung’wa.
The judge said that words painted the majority leader in a negative light and were capable of tarnishing his reputation as a leader.
“The court hereby directs the respondent (Ndung’u) to pull down, expunge, retract and erase from all forms of social media platforms in any events, not more than 24 hours of the service of the order, the allegations uttered,” said Chepkwony.
The judge said he was satisfied that Ichung’wa had established a prima facie case with a probability of success, and stands to suffer irreparable injury to his reputation if the defamatory words continue to circulate.
“Such words if untrue, would lower him in the estimation of right thinking members of society, thereof meeting the test of defamation. The question of falsity, justification or fair comment is one that will be fully ventilated at trial,” said Justice Chepkwony.
Ichung’wa said Ndung’u’s words were meant to cast him as a fraudster, lustful and an unethical man who lacks integrity or credibility.
The majority leader said that the words circulated through mainstream and online platform, spread widely and were viewed by millions, including his constituents, colleagues, friends and family.
Ichung’wa said that he has suffered and continues to suffer irreparable damage to his personal and professional reputation unless Ndung’u is restrained.
He said these words are false, malicious and intended to depict him as corrupt, dishonest and unfit for public office.
The majority leader said that despite a demand for retraction and apology, Ndung’u not only refused to retract but published the demand letter on Tiktok, thereby aggravating the defamation.
However, Ndung’u maintained that his words were neither defamatory nor malicious and said he is prepared to make amends by withdrawing the videos posted on Tiktok should Ichung’wa still find them offensive.
Ndung’u said that the majority leader has a habit of posting NG-CDF Projects as his own while knowing they are funded by the National Government.
He said that he also takes issue with Ichung’wa’s own behaviour contending that he has in the past taken to both private and public platforms to disparage him using offensive and derogatory words on December 10 2023.
Ndung’u told the court that despite those personal attacks, he did not institute any legal action against Ichung’wa.
He said Ichung’wa should not present himself as a paragon by virtue while at the same time silencing his criticisms.
Ndung’u admitted making the impugned statements but denied malice, contending that he was raising issues of public interest relating to the management of NG-CDF.
He maintains that his words were not defamatory and further contends his words were not published widely as averred.
Ndung’u said Ichung’wa has not demonstrated how the words complained of, portrayed him as a man who habitually plunders or routinely diverts Kikuyu Constituency’s resources for personal gain while conceding that he did not respond to the demand letter.
He said that the natural and ordinary meaning of his words when reading in context cannot be construed to mean that the majority leader is charlatan, fraudster, swindler and lustful man.
On the contrary, Ndung’u maintains that the statements were published only on Tiktok, a platform whose viewers is quantifiable and not as vast as claimed.
