The Milimani Chief Magistrates Court has ordered Kakamega-based blogger Simon Asiviela to issue an unequivocal public apology to Lugari MP Nabii Daraja Nabwera over a series of defamatory social media posts linking the legislator to the death and disappearance of Munyuki High School Principal Simon Isiaho Shange.
The interim order, granted pending the hearing and determination of the main suit, was issued in an application filed by the MP through lawyer Danstan Omari.
The court directed Asiviela to apologize for the “malicious, false and unqualified publications” that were widely circulated on Facebook platforms including Kakamega Post, Malava Online, and Lugari Watchdog.
According to court filings, the posts suggested that the legislator had a hand in the mysterious disappearance and death of the principal claims that Nabwera described as baseless fabrications intended to settle political scores and malign his reputation.
In his supporting affidavit, Nabwera stated that the publications incited members of the public, with some threatening to “occupy” and plunder his home in Lugari. He argued that the falsehoods had endangered his family and caused irreparable damage to his standing as a member of the National Assembly.
Through Danstan Omari & Associates Advocates, the MP sought urgent conservatory orders restraining the blogger from further defamatory publications and demanded Ksh 20 million in compensation for reputational damage.
The court certified the matter as urgent and granted prayer three of the Notice of Motion, compelling the blogger to issue an unequivocal apology to the MP as the case proceeds to full hearing.
The order now requires Asiviela to publicly retract his posts and apologize to Nabwera, even as investigations into the death of Principal Simon Shange continue.
