The Keroka Magistrate's Court has temporarily barred activist Morara Kebaso from making or circulating a series of statements about Borabu Member of Parliament Patrick Osero after the legislator moved to court claiming he had been defamed.
In orders issued on Thursday, Senior Resident Magistrate Ismael Stanley Imoleit granted interim injunctive relief pending the hearing of a defamation application filed by Osero, effectively restraining Kebaso from publishing or repeating remarks the MP says are false and damaging to his reputation.
Although the court declined to certify the application as urgent, it allowed the request for temporary orders to preserve the status quo until the matter is heard.
"Pending the hearing and determination of the application, a temporary injunction is hereby issued restraining the respondent, his agents, associates, employees, digital content creators, ghostwriters or any other person acting on his behalf from publishing, broadcasting, uploading, reposting or disseminating the impugned statements," the magistrate ordered.
The suit, filed by Osero on July 1, challenges a number of statements allegedly made by Kebaso concerning the MP's leadership and conduct.
Among the restrained publications are claims referring to Osero as a former Member of Parliament or suggesting that his tenure has ended. The court also prohibited Kebaso from portraying himself as the current, acting or de facto MP for Borabu Constituency.
Further, the orders prevent the activist from alleging that Osero has never attended proceedings of the National Assembly or from making what the court described as false or misleading claims regarding the management and expenditure of National Government Constituencies Development Fund (NG-CDF) resources in Borabu.
"The respondent is further restrained from making statements in public gatherings, church meetings, podcasts, press conferences, media interviews or any other forum that allegedly refer to the applicant in a false or defamatory manner," the ruling states.
The injunction also extends to third parties acting on Kebaso's instructions, barring them from publishing or sharing the contested statements on any platform.
The court directed that Kebaso be served with the application by the close of business on July 3. The matter will be mentioned on July 29 for further directions, with the interim orders remaining in force until the application is heard and determined.
The magistrate further warned that any breach of the court orders could expose the respondent to legal sanctions for disobedience of the injunction.
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