Kamau v Itumbi (Civil Case E231 of 2021) [2023] KEHC 18422 (KLR) (Civ) (2 June 2023) (Ruling)

Summary at a glance

Facts

The Plaintiff, Mike Maina Kamau, filed a defamation suit against the Defendant, Dennis Itumbi, seeking an injunction to prevent the Defendant from making defamatory statements and publishing defamatory posts on social media.

Issues

• Whether the High Court has jurisdiction to hear the defamation suit.
• Whether the orders sought by the Plaintiff are merited or should be discharged.

Reasoning

The court held that the High Court's jurisdiction is derived from the Constitution and cannot be limited by the Civil Procedure Act.

Outcome

The Plaintiff's application for an injunction was granted.

Orders

• A temporary injunction was issued directed at the Defendant to restrain him from making defamatory statements and publishing defamatory posts on social media.
• A mandatory injunction was issued directed at the Defendant to pull down the defamatory Facebook and Twitter posts published in his accounts @OleItumbi and @DennisItumbi.

Remedies

• Injunctions to prevent the Defendant from making defamatory statements and publishing defamatory posts.

Authorities cited