The High Court in Nairobi has issued interim orders restraining MCA Robert Alai from publishing, posting or republishing any defamatory information about city advocate Danstan Omari.
Justice Janet Mulwa issued the interim order in favour of Omari pending hearing and determination of the defamation suit filed in court.
“an order restraining the respondent(Alai) from posting, publishing and/or republishing any defamatory information about the plaintiff(Omari), pending the hearing and determination of the suit,” the order states
The court further directed that the costs of the application shall abide the outcome of the main suit.
In the case, Omari accuses Alai of publishing “false, vulgar, offensive, and malicious” remarks that severely damaged his reputation and professional standing.
The offending post, which remains accessible on Alai’s Facebook page with a following of over 729,000 users, allegedly described Omari as a “joker,” a “mijinga” (Swahili for fool), and equated him to a “pig,” in the context of a dispute regarding service of court documents in an earlier legal matter involving broadcaster Fred Obachi Machoka.
“Kwani is another Alai sued or myself? That joker called Danstan Omari is all over social media bragging how he has sued Alai while not serving his suit papers,” Alai’s post reads
He further wrote “Mijiinga! Kwani the suit was for political campaigns or to be argued in a court of law? We have many pigs as lawyers,”
Omari claims that the post, which drew over 2,200 reactions and 923 comments, has provoked widespread ridicule and damaged his credibility among clients, legal peers, and the public. In his affidavit, he stated that the remarks falsely implied that he was abusing court processes for political mileage, thus undermining his integrity as an officer of the court.
The suit also invokes Article 28 of the Constitution on the right to dignity and Section 23 of the Computer Misuse and Cybercrimes Act, which criminalizes the publication of false, reputation-damaging content online.
The case will next come up for pre-trial directions on March 4, 2026, before the Deputy Registrar.
