Whispering Palms Estate Ltd & 3 others v Cyprian Nyakundi & 4 others [2018] KEHC 2498 (KLR)
- Court
- High Court of Kenya
- Case number
- 2498
- Citation
- [2018] KEHC 2498 (KLR)
The court allows the motion and issues a temporary injunction to restrain the 1st respondent from tweeting/posting, publishing and broadcasting the offensive tweets, posts, words, publications and utterances and the statements attributed to Meshack Onyango Dehay alias Meshack Onyango Dihay which were published on the 1st defendant's twitter handle on 30.4.2018, 2.5.2018, 4.5.2018, 7.5.2018, 8.5.2018 and 10.5.2018.
Facts
The plaintiffs, Whispering Palms Estate Ltd and others, filed a motion seeking injunctions against the defendants, Cyprian Nyakundi and others, to prevent them from publishing defamatory tweets and statements on social media platforms.
Issues
- Whether the plaintiffs have a prima facie case of defamation
- Whether the defendants can be held responsible for the defamatory tweets and statements on social media
Reasoning
The court found that the tweets/posts/words/matters/publications/utterances/and statements cannot be justified at this stage and that the plaintiffs have a prima facie case of defamation.
Outcome
The motion is granted, and the appropriate orders are issued.
Orders
- Temporary injunction pending the hearing of this suit to restrain the 1st respondent from tweeting/posting, publishing and broadcasting the offensive tweets, posts, words, publications and utterances and the statements attributed to Meshack Onyango Dehay alias Meshack Onyango Dihay which were published on the 1st defendant's twitter handle on 30.4.2018, 2.5.2018, 4.5.2018, 7.5.2018, 8.5.2018 and 10.5.2018.
Remedies
- Costs are to be borne by each party
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