Political activist Morara Kebaso/SCREENGRAB
The Keroka Magistrate's Court has issued temporary orders restraining activist Morara Kebaso from making or publishing statements about Borabu MP Patrick Osero pending the hearing and determination of a defamation suit filed against him.
In the ruling delivered on Thursday, Senior Resident Magistrate Ismael Stanley Imoleit declined to certify as urgent an application filed by Osero on July 1 but nonetheless granted interim injunctive orders restricting Kebaso from making a range of public statements concerning the legislator.
The case pits Patrick Osero as the applicant against
Morara Kebaso as the respondent.
The court directed that the respondent be served with the application by the close of business on July 3, with the matter scheduled for mention on July 29.
Pending the hearing of the application, the court issued a temporary injunction barring Kebaso, his agents, associates, employees, digital content creators, ghostwriters or any person acting on his behalf from publishing, broadcasting, uploading, reposting or sharing statements on social media platforms or through print and broadcast media that the court identified in the orders.
Among the prohibited statements are claims describing Osero as a "former Member of Parliament" or suggesting that his tenure as Borabu MP has ended.
The court also restrained Kebaso from claiming or implying that he is the current, acting or de facto Member of Parliament for Borabu Constituency.
The orders further prohibit Kebaso from alleging that Osero has never set foot in or participated in proceedings of the National Assembly, making what the court described as fictitious, false or misleading statements regarding National Government Constituencies Development Fund (NG-CDF) allocations and expenditure in Borabu Constituency, or claiming that all NG-CDF contractors in the constituency are owned by one individual in a manner that imputes corruption to the MP.
Additionally, the magistrate issued a gag order prohibiting Kebaso from making statements or commentary at public gatherings, church meetings, podcasts, media briefings, press conferences or any other forum that allegedly refers to Osero in a false or defamatory manner.
The order also bars him from directing third parties to publish or disseminate such statements on his behalf.
The court warned that any disobedience of the orders could attract penal consequences.
The interim orders will remain in force pending the hearing and determination of the application. The court is expected to give further directions when the matter comes up for mention on July 29.
