[2025] KEHC 8303 (KLR)

[2025] KEHC 8303 (KLR)

The court found that the plaintiff established a prima facie case with a probability of success, as the impugned podcasts were defamatory and caused her mental anguish and professional harm. The continued publication of the material would result in irreparable injury to her reputation, which could not be adequately compensated by damages. The court recognized the existence of special and exceptional circumstances warranting the grant of an interlocutory injunction. While freedom of expression is constitutionally protected, it is not absolute and must be balanced against the right to reputation. The court was persuaded to grant the mandatory injunction sought by the plaintiff to compel the...

Citation
[2025] KEHC 8303 (KLR)
Parties
Plaintiff: Dorette Bogle; Defendant: John Tembo Samwel
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Civil Case E040 of 2025
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Outcome
Interlocutory mandatory injunction granted in terms of prayer no. 3 and 4 of the application; costs to abide the outcome of the suit.
Judges
JN Mulwa
Legal Topics
Defamation, Interlocutory Injunctions, Freedom of Expression, Reputation Protection
Source Language
English
Tort Law Civil Procedure Defamation Interlocutory Injunctions Freedom of Expression Reputation Protection

Case Brief

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Parties

Dorette Bogle

Plaintiff

John Tembo Samwel

Defendant

Procedural Posture

Civil Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the plaintiff has met the threshold for grant of an interlocutory injunction in a defamation suit.
  2. 2 Whether the continued publication of the impugned podcasts causes irreparable harm to the plaintiff's reputation.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the plaintiff established a prima facie case with a probability of success, as the impugned podcasts were defamatory and caused her mental anguish and professional harm. The continued publication of the material would result in irreparable injury to her reputation, which could not be adequately compensated by damages. The court recognized the existence of special and exceptional circumstances warranting the grant of an interlocutory injunction. While freedom of expression is constitutionally protected, it is not absolute and must be balanced against the right to reputation. The court was persuaded to grant the mandatory injunction sought by the plaintiff to compel the...

Court Disposition

Interlocutory mandatory injunction granted in terms of prayer no. 3 and 4 of the application; costs to abide the outcome of the suit.

Orders

  • The defendant is compelled to take down, withdraw and/or remove from YouTube and all available online or offline platforms the video or its content titled 'Breaking News! I am Marwa Defends His Passport Bro- Mr. Cecil On Passy Saga & Distances Himself' posted and/or uploaded and published and/or broadcast by him on...
  • Costs of the application shall abide by the outcome of the suit.