Makueni Governor Kivutha Kibwana (pictured) has sued controversial blogger Cyprian Nyakundi.
In a civil suit Number 234 of 2019 dated November 21, Prof Kibwana through Nyamu and Nyamu Company Advocates wants the Nyakundi restrained from further publishing content deemed defamatory to the governor.
Nyakundi in his blog had published a controversial article that touched on the governor’s lifestyle.
The blogger was set to appear for inter parties hearing last week Tuesday, November 26.
“Take notice that you are restrained by way of interim injunction whether by yourself, your agents and/or servants from further publishing defamatory statements of and concerning the Plaintiff/Applicant and/or his family pending the hearing and determination of the Application, which is coming up for inter parte hearing on 26th November 2019 at 9:00 am in the forenoon or soon thereafter.
“Take further notice that if you fail to appear either by yourselves or someone by law authorised to act for you, the same may proceed your absence notwithstanding,” reads the notice in part.
The suit is amongst many that the blogger has over the years racked up.
In May 2018, Nyakundi was arrested and taken to Nairobi area DCI headquarters for questioning soon after exiting Milimani Law Courts, Nairobi over claims he made against some parties to the effect that they were allegedly bribed by Chinese officials to approve a tender.
He had appeared for the mention of a defamation case against him by Interior CS Fred Matiang’i.
A month earlier, he had been charged at a Kiambu court for posting “derogatory remarks against Nairobi Governor Mike Sonko, Kenya Power Managing Director Ken Tarus and Kirinyaga Governor Anne Waiguru.
However, in July this year, in the above case, Justice Wilfrida Okwany ruled that Section 84 (d) of the Kenya Information and Communication Act (KICA) unconstitutional.
The judge while declaring Section 84(d) vague and broad, making it difficult for an accused person to defend themselves also said it must be appreciated that it is only through criticism that leaders understand that their actions are untoward.
This meant that blogger had successfully challenged the law used to charge him. The judge further agreed with him that the section was against Article 33 on freedom of expression and Article 25 (c) on the right to fair trial.
The section of the law states:
“Any person who publishes or transmits or causes to be published in electronic form, any material which is lascivious or appeals to the prurient interest and its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied therein, shall on conviction be liable to a fine not exceeding Sh200,000, or imprisonment for a term not exceeding two years, or both,” Section 84d of KICA states.
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