Kenya: Governor Kivutha Kibwana Sues Blogger Cyprian Nyakundi

6 December 2019

Makueni Governor Kivutha Kibwana has sued blogger Cyprian Nyakundi for defamation.

Kibwana served the blogger through an advert appearing on Kenyan mainstream daily newspapers on Thursday and Friday through Nyamu and Nyamu Company Advocates.

The civil suit, number 234 of 2019, has been filed at the Kenyan High Court with the advert stating that Nyakundi has been restrained from further publishing any content deemed defamatory to the plaintiff.

"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," the notice by the law firm reads in part.

Nyakundi was set to appear for inter parties hearing last week Tuesday, November 26.

"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 not withstanding," the notice further read.

The Makueni governor is said to have taken offence with a controversial article touching on his alleged lifestyle that ran on Nyakundi's blog in September 2019.

The blogger also published alleged corruption scandals in the county boss' administration even as Nyakundi is yet to respond to the claims against him.

This is not the first time the blogger has been sued.

In 2018, he was charged in court where he denied publishing obscene information about Interior Cabinet Secretary Dr Fred Matiang'i on his Twitter handle on January 22, 2018.

Dr Matiang'i has been listed as the complainant and the first prosecution witness.

In another case, Safaricom sued Nyakundi claiming that he had defamed the telecommunication company by posting 'baseless and unsubstantiated' claims about the firm on his blog.

In a suit notice published in the local dailies, Safaricom through its lawyer Ogetto, Otachi and Company Advocates, said Nyakundi had started a 15-part series 'How Safaricom steals from Kenyans with third parties', which portrays the telco as a "thief and a fraud, obtaining money and profits in form of airtime from its subscribers through non-existent subscriptions".

In yet another case, he was charged in April 2018 before a Kiambu court after posting 'obscene information against Kirinyaga Governor Anne Waiguru, in 2017.

He was accused of publishing obscene information on Waiguru on his Twitter account in violation of the Kenya Information and Communication Act (KICA) on April 16, 2018.

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