Court bars man from publishing defamatory claims against Nairobi Pastor Takim

Justice Nixon Sifuna partially allowed an application filed by Pastor Richard Stanley Takim in a defamation suit against Luke Chianga Chianga.

Pastor Takim moved to court, accusing the defendant of publishing content on Instagram, Facebook, X and Telegram, alleging that he and his church were involved in cultism and other vices.

He argued that the posts were false, malicious and intended to damage his reputation, integrity and standing in society, both personally and professionally.

The court noted that the defendant had not filed a defence in the matter.

In determining the application, Justice Sifuna held that the material cited in the pleadings was potentially defamatory, as it was capable of lowering the plaintiff’s estimation in the eyes of right-thinking members of society. 

However, the judge emphasized that a full determination on whether the statements were indeed defamatory would only be made at trial.

The court found that the application met the legal threshold for the grant of an interlocutory injunction 

Justice Sifuna was particularly persuaded by the fact that the impugned content was published simultaneously across multiple social media platforms, increasing the likelihood of widespread circulation and repeat publication.

“As if to ensure it reaches a wide base of society,” the judge observed, noting that this amplified the potential harm to the plaintiff’s reputation.

As a result, the court granted 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 material should be preserved, as it constitutes evidence that will be required at trial.