Kisii Governor Simba Arati has obtained provisional court directives preventing Senator Richard Onyonka from distributing potentially slanderous comments about him until the case is adjudicated.
Justice Nixon Sifuna’s decision resulted in the High Court in Kis issuing temporary restraining orders that prohibit the Senator from sharing content resembling the allegations mentioned in the legal action.
“Until the inter partes hearing of the application takes place, a preliminary injunction is now established, prohibiting the defendant (Onyonka), either personally or through representatives, from speaking, broadcasting or circulating to the public via newspapers, WhatsApp or any social media platform any content resembling that which is the subject of this complaint,” the judge ruled.
The legal action stems from a lawsuit initiated by Arati, who sought judicial intervention claiming that slanderous remarks were made during public gatherings and various online platforms.
The contested communications pertain to the Governor’s personal and political credibility.
According to judicial documentation, Arati’s legal representatives contended that the disputed publications have inflicted continuous and irreversible harm to his standing as governor of Kisii county and negatively impacted his position within the community, professional circles, and broader social networks.
“Due to the aforementioned statements and publication of such words, I have suffered significant harm to my character and reputation, resulting in my being subjected to substantial public mockery and disdain among reasonable members of society,” the legal documents indicate.
In his submissions, the governor’s counsel asserts that the situation necessitates prompt judicial attention because of the swift spread of the purported statements.
“The disputed communication not only constitutes defamation but also impairs my reputation, diminishing my perception as incapable of administering and representing the constituents of the substantial County Government of Kisii,” Arati asserted in his court filings.
Arati informed the court that he would face persistent and irrevocable harm if the restraining orders preventing further statements were not implemented while the case is pending.
“The issuance of a mandatory injunction compelling the Respondent to immediately eliminate and/or remove all offensive posts, videos, or articles shared on WhatsApp, Facebook or any other print or social media,” was also requested in the application.
In the court’s instructions, Justice Nixon classified the case as urgent and mandated that the application receive expedited consideration, with the temporary measures remaining effective until the hearing concludes.