Win for KeNHA boss as court restrains Bunge la Wananchi President in defamation case
A Nairobi court has issued temporary orders restraining Bunge la Wananchi President Francis Onyango and YouTube from publishing or disseminating alleged defamatory content targeting Kenya National Highways Authority (KeNHA) Director General Kungu Ndungu.
Milimani Commercial Court Principal Magistrate Stephen Onjoro granted the injunction after Ndungu filed an application seeking to stop Onyango from sharing content on YouTube and other media platforms accusing him of corruption, impropriety, or treasonous activities.
The court order bars Onyango, YouTube, and any other individuals from publishing, reposting, or circulating defamatory statements against Ndungu on any platform, including Twitter, Facebook, WhatsApp, and print media pending the inter-party hearing scheduled for December 5, 2024.
“Pending the hearing and determination of this application inter-parties and/or further orders of this Honourable Court, an order of temporary injunction is hereby issued restraining the defendants, jointly and severally, from disseminating defamatory content via YouTube, other online platforms, electronic or print media, or any other media platform,” ruled Hon. Onjoro.
Onyango and YouTube are listed as defendants in the defamation case.
In his affidavit, Ndungu alleged that Onyango had made defamatory remarks accusing him of funding opposition activities and participating in acts undermining the government.
“The defamatory tweets, posts, materials, utterances, statements were intended and understood by right thinking members of the public and/or viwers/readers that I had conspired to carry out and execute subversive and treasonable acts against the President of the Republic of Kenya and/or to advance treasonous and subservive activities against the duly elected President of the Republic of Kenya,” Ndungu stated.
Ndungu further claimed that Onyango, along with another individual identified as Abigail Janai, had attempted to extort Ksh2 million from him to withdraw a 2021 petition seeking his removal from office as KeNHA Director General.
“The 1st Defendant (Onyango), together with one Abigail Janai, attempted to extort Ksh2 million from me to withdraw the petition. I reported the attempted extortion to the Ethics and Anti-Corruption Commission (EACC), leading to their arrest,” Ndungu disclosed.
Onyango, however, has decried alleged intimidation and harassment, citing an ongoing case at the East African Court of Justice in Arusha, Tanzania where he is seeking justice for lives lost during the June Gen Z-led protests.
He has accused the EACC of colluding with certain individuals to frustrate his efforts.
