A Bungoma court on Monday temporarily restrained former MCA Majimbo Okumu from publishing or repeating claims that Kimilili MP Didmus Barasa forged his university degree certificate, pending the hearing and determination of a defamation suit filed in court.
Senior Resident Magistrate Tobias Omono issued the orders after finding that Barasa had established a prima facie case and could suffer irreparable damage to his reputation if the disputed publication continued circulating.
Barasa moved to court seeking interim orders against Okumu over statements allegedly made during a church congregation on June 24, 2026.
According to Barasa, Okumu allegedly stated that he had forged a degree certificate from Paul Asango. The MP told the court that the statements were false, malicious and subsequently disseminated to a wider audience through the Mumbo Online TV YouTube channel.
Barasa argued that the publication portrayed him as dishonest, fraudulent and lacking integrity, damaging his standing as the elected MP for Kimilili Constituency and potentially affecting his political career.
Okumu opposed the application, denying that he controlled or managed the Mumbo Online TV YouTube channel. He also maintained that the statements were factual, citing an article reporting that the Ethics and Anti-Corruption Commission had recommended Barasa’s prosecution over alleged forgery of a degree certificate from Jomo Kenyatta University of Agriculture and Technology.
The court, however, noted that the article relied upon showed that the Office of the Director of Public Prosecutions had ordered the EACC to carry out further investigations into the matter.
The magistrate said there was no conclusive evidence before the court at this stage establishing that Barasa had forged a degree certificate from JKUAT.
The court further observed that a search of the Mumbo TV Online YouTube channel revealed a video titled, “Former MCA Majimbo Okumu has alleged that Kimilili MP Didmus Barasa, forged his academic papers.”
According to the ruling, the person identified as Okumu could be seen making the disputed publication.
The court found that the ordinary meaning of the publication portrayed Barasa as a fraudster engaged in criminal activities, including forgery of degree certificates, and was capable of lowering his reputation in the eyes of right-thinking members of society.
The magistrate rejected, at the interlocutory stage, the argument that the statements were automatically protected by the defences of justification and fair comment, saying those defences would have to be tested during the full trial.
The court also held that damages alone may not adequately repair harm to reputation once it has been damaged, noting that people in Kimilili Constituency and Bungoma County could continue believing the allegations even if Barasa ultimately succeeds in proving them false.
Magistrate Omono further found that the balance of convenience favoured Barasa, noting that his reputation could be damaged among voters in Kimilili and Bungoma County, particularly after Okumu indicated that the MP was seeking to become Governor of Bungoma County.
The court stressed that freedom of expression under Article 33 of the Constitution is not absolute and does not protect defamatory statements.
It further held that Barasa’s status as a state officer and politician did not deprive him of the right to have his dignity and reputation protected against unsubstantiated allegations.
However, The court declined to issue a mandatory injunction compelling Okumu to remove the disputed video from the Mumbo Online TV YouTube channel, noting that there was no evidence that Okumu owned or controlled the channel.
The magistrate also noted that mandatory injunctions at an interlocutory stage are only issued in exceptional circumstances.
In its final orders, the court restrained Okumu, whether personally or through his agents or servants, from publishing, uttering, circulating, disseminating or broadcasting defamatory statements or words to the effect that Barasa stole Paul Asango’s degree certificate, pending the hearing and determination of the main suit.
