The High Court has stopped a man from publishing or republishing alleged defamatory statements against a Nairobi pastor and his church across social media platforms.
Justice Prof. (Dr.) Nixon Sifuna issued the orders after partially allowing an application filed by Pastor Richard Stanley Takim in a defamation case against Luke Chianga Chianga.
Pastor Takim told the court that the defendant had shared posts on Instagram, Facebook, Twitter/X and Telegram accusing him and his church of being involved in cultism and other vices. He argued that the claims were false, malicious and calculated to injure his reputation, integrity and standing in society, both personally and professionally.
In its ruling, the court noted that the defendant had not filed any defence to challenge the accusations raised in the suit.
Justice Sifuna found that the material referred to in court documents was capable of being defamatory because it could lower the pastor’s standing in the eyes of right-thinking members of society. However, the judge cautioned that a final decision on whether the statements were actually defamatory will only be made after a full hearing at trial.
The judge further ruled that the pastor had met the legal threshold for grant of an interlocutory injunction.
The court was also persuaded by the fact that the posts were published simultaneously on several social media platforms, increasing the chances of wide circulation and repeat publication.
“As if to ensure it reaches a wide base of society,” Justice Sifuna observed, noting that the manner of publication heightened the potential damage to the plaintiff’s reputation.
The judge therefore restrained the defendant, his agents, or anyone acting on his behalf from publishing or republishing similar defamatory content about Pastor Takim pending the hearing and determination of the suit.
However, the court declined to compel the defendant to delete or take down the existing posts, ruling that the material should be preserved since it will be required as evidence during the trial.
