AfriPulse
The High Court has issued an order barring a man from publishing or republishing alleged defamatory content against Nairobi-based Pastor Richard Stanley Takim and his church across social media platforms.
Justice Nixon Sifuna partially allowed an application filed by Pastor Stanley Takim in a suit against Luke Chianga Chianga.
Pastor Takim moved to court after accusing the defendant of posting content on Instagram, Facebook, X and Telegram that linked him and his church to cultism and other vices. He told the court that the claims were false, malicious and calculated to damage his reputation, integrity and standing in society, both in his personal life and ministry.
The court noted that the defendant had failed to file a defence to challenge the allegations.
In his ruling, Justice Sifuna found that the material cited in the pleadings was potentially defamatory, observing that it could lower the plaintiff’s standing in the eyes of right-thinking members of society.
However, the judge made it clear that the court would only make a final decision on whether the statements were defamatory after a full hearing of the case.
The court further found that the application met the legal threshold required for the grant of an interlocutory injunction.
Justice Sifuna said he found the application compelling, particularly because the contested content appeared simultaneously across multiple social media platforms, greatly increasing the risk of wide circulation and repeated publication.
“As if to ensure it reaches a wide base of society,” the judge observed, noting that such distribution heightened the potential harm to the pastor’s reputation.
As a result, the court issued an injunction restraining the defendant, his agents or anyone acting on his behalf from publishing or republishing similar defamatory material about the plaintiff pending the hearing and determination of the suit.
However, the court declined to issue a mandatory injunction compelling the defendant to pull down or delete the existing posts. Justice Sifuna ruled that the content must remain preserved, as it constitutes evidence that will be required during the trial.
Source: NairobiWire.com | Read the Full Story…
