Arati obtains restraining order against Onyonka over defamation

Kisii Governor Simba Arati /FILE

Kisii Governor Simba Arati has secured temporary court orders restraining Senator Richard Onyonka from publishing allegedly defamatory statements against him pending the hearing of the suit.

In a ruling delivered by Justice Nixon Sifuna, the High Court in Kisii issued interim injunctive orders barring the Senator from circulating any material similar to the complaints raised in the suit.

“Pending the inter partes hearing of the application, a temporary injunctive order is hereby issued, restraining the defendant (Onyonka) by himself and through his agents or one acting on his behalf, from uttering, publishing or disseminating to the public through print media, WhatsApp or any social media platform any material similar to the one complained of in this suit,” the judge directed.

The orders follow a suit filed by Arati, who moved to court on grounds that defamatory remarks were allegedly made during public rallies and on social media platforms.

According to court records, Arati, through his legal team, argued that the alleged publications had caused ongoing and irreparable damage to his reputation as governor of Kisii county and had adversely affected his standing among the public, colleagues, and wider social circles.

"That as a result of the said statement and publication of the said words, I have been greatly injured in character and reputation as a consequence whereof I have been brought into grave public ridicule and contempt in the eyes of right-thinking members of the society at large," the documents state.

In his filings, the governor’s legal team maintains that the matter requires immediate intervention by the court due to the rapid circulation of the alleged statements.

“The said publication is not only defamatory but damages my reputation, tarnishes my image as not being able to govern and lead the people of the great County Government of Kisii,” Arati stated in court documents.

Arati told the court that he stood to suffer continued and irreparable damage if the restraining orders were from making further statements were not issued pending the determination of the case.

"That a mandatory injunction be issued directing the Respondent to forthwith remove and/or delete all defamatory posts, videos, or articles published on WhatsApp, Facebook or any other print or social media," the application also sought.

In its directions, Justice Nixon certified the matter as urgent and directed that the application be heard on priority basis, with interim orders remaining in force until  hearing.