The defamation battle pitting National Assembly Majority Leader Kimani Ichiungwa against prominent lawyer Danstan Omari has taken a decisive turn after the High Court dismissed the MP’s appeal and upheld the lower court’s injunctive orders.
The long-running dispute began at the Milimani Magistrates Court where Omari secured temporary orders restraining Ichiungwa from publishing any allegedly defamatory statements about him. The orders, issued on October 6, 2023, barred the MP from making, repeating, or disseminating statements the court considered capable of harming Omari’s reputation.
Ichiungwa challenged the ruling almost immediately, describing it as excessive, unjustified, and a direct violation of his constitutional freedom of expression. In his submissions, he argued that the magistrate failed to identify any specific defamatory statements, making the orders vague, overbroad, and fundamentally unconstitutional.
His legal team insisted that the lower court misapplied the legal tests required before granting an injunction in a defamation claim. They further argued that public figures like Omari must tolerate scrutiny and even harsh criticism, warning that the orders risked turning courts into tools for silencing political speech.
But Omari painted a sharply different picture. In his response, he accused Ichiungwa of hiding behind political commentary to push damaging falsehoods meant to injure his professional credibility among clients, colleagues, and the general public. He said the MP had embarked on a persistent campaign of malice and reputation-smearing, and that the court’s intervention was the only way to stop the escalating harm.
Omari added that while freedom of expression is protected, it is not a licence to defame, and must be balanced against the rights of others to dignity and reputation. He urged the High Court to dismiss the appeal entirely, arguing that lifting the orders would expose him to further targeted attacks.
As the appeal progressed, Miller & Company Advocates acting for Ichiungwa filed a Certificate of Urgency seeking to suspend proceedings in the subordinate court. They warned that continued enforcement of the injunction was causing “grave prejudice” to the MP’s public engagements and political communication.
But the turning point came today when the matter came up for judgment before Justice Asenath Ongeri.
In a firm ruling, the Judge dismissed the appeal with costs and affirmed that the magistrate had properly exercised judicial discretion when issuing the restraining orders. Justice Ongeri held that the lower court applied the correct legal principles on defamation and injunctive relief, and that there was no legal or procedural error warranting intervention by the High Court.
The Judge’s decision means that the injunction against Ichiungwa remains intact and enforceable and Omari walks away with a decisive win. The ruling effectively validates the lawyer’s claim that his reputation required protection and that the MP’s statements posed a continuing risk of harm.
The ruling now shifts the case back to Milimani, where the substantive defamation suit remains alive even as Omari enjoys the strengthened protection of a High Court endorsed injunction.
