High Court bars Kungu Muigai from defaming Justice Lenaola

By Newsflash Writer

The High Court in Nairobi has temporarily barred Kungu Muigai, former President Uhuru Kenyatta’s cousin, from making statements allegedly defaming Supreme Court Judge Isaac Lenaola.

Justice Nixon Sifuna, in his ruling on Friday, December 19, directed Kungu not to publish or circulate any defamatory remarks against the judge until the case is heard and determined.

Justice Sifuna noted that Kungu had admitted making the statements and intended to continue, claiming he believed them to be true and justified. The judge emphasised that the proper approach was to ensure a fair legal process, allowing Kungu to express himself without targeting Judge Lenaola personally.

Temporary injunction issued

The judge acknowledged claims by Kungu’s lawyer, Nelson Havi, that Lenaola had no reputation to protect, stating that a judge is presumed to have a good reputation until proven otherwise. “This application is allowed only partially. Pending the hearing and final determination of this suit, a temporary injunction is issued restraining the respondent, whether by himself, his agents, or anyone acting on his behalf, from making the same or similar statements against the plaintiff in any media,” Justice Sifuna ruled.

However, the court declined to compel Kungu to permanently delete the alleged defamatory content, noting that it was too early as the case had not yet been fully heard. The judge stressed that in matters involving truth or fair comment, courts should exercise caution before ordering the removal of statements.

Allegations and public impact

Justice Lenaola argued that Kungu had repeatedly circulated false information aimed at damaging his reputation. According to Lenaola’s lawyer, Herman Omiti, the claims had gained traction online, portraying the judge as lacking legal and moral standing. “Despite receiving a demand notice to retract the statements and cease further defamation, the respondent persisted.

On September 25, 2025, he conducted another video interview reiterating allegations against the applicant and other justices in cases involving his properties,” Omiti stated.

Omiti added that Lenaola holds a key position in the judiciary, which depends on public trust and credibility. He argued that Kungu’s unfounded statements were intended to tarnish the reputation of a senior judge. Kungu, in his defence, admitted making the statements, insisting they were based on truth and constituted fair comment.