[2016] KEHC 3755 (KLR)

Parties

Procedural Posture

Civil Suit / Ruling on Interlocutory Injunction

Legal Issues

1. 1 Whether the publications by the defendants were defamatory of the plaintiff.
2. 2 Whether the plaintiff has established a prima facie case for grant of an interlocutory injunction.
3. 3 Whether the balance of convenience favors granting the injunction pending hearing.

Ratio Decidendi

The court found that while the plaintiff is required to prove the falsity of the allegations at trial, the risk of continued publication of the allegedly defamatory material posed a threat of irreparable harm to his reputation that could not be adequately compensated by damages. The court held that the balance of convenience favored the grant of an interlocutory injunction to restrain the defendants from further publication pending the hearing and determination of the suit. The court also considered the constitutional right to freedom of expression but found that, in the circumstances, the need to prevent further potential injury to the plaintiff's reputation outweighed the respondents'...

Court Disposition

Interlocutory injunction granted pending hearing and determination of the suit.

Orders

• The respondents are barred and restrained by an order of injunction from further publication, uttering and or causing to be published any defamatory and slanderous information of and concerning the applicant on the matters before the court pending the hearing and determination of the suit.
• Costs of the application shall be costs in the cause.