The High Court in Nairobi has issued restraining orders against businessman Kung’u Muigai, barring him from publishing or making further defamatory remarks against Supreme Court Judge, Justice Isaac Lenaola.
The orders, granted by Justice Nixon Sifuna, came after Justice Lenaola moved to court through his lawyers, Ngeri, Omiti & Bush Advocates LLP, seeking urgent intervention against what he termed as false, scandalous, and malicious allegations.
Court Issues Interim Injunction
In his ruling, Justice Sifuna directed that the application be served within two days, with Muigai expected to respond within five days. Should it be necessary, the applicant will be allowed to file a supplementary affidavit within three days of receiving the response.
The case will proceed by way of written submissions, with a mention scheduled for October 13, 2025 for further directions.
Meanwhile, the court granted an interim injunction stopping Mr. Muigai or any of his associates from making or circulating statements deemed defamatory against Justice Lenaola on any media platform, including social media.
Alleged Defamatory Statements
According to court filings, Muigai allegedly gave two video interviews on September 8 and September 12, 2025, which were later circulated across various digital platforms.
In the interviews, Muigai reportedly accused Justice Lenaola and other senior judges of corruption and went as far as insinuating that they were linked to the mysterious death of lawyer Kyalo Mbobu.
Court documents further reveal that even after receiving a demand notice requiring him to retract his remarks, Muigai continued releasing fresh interviews where he repeated the claims and dared Justice Lenaola to sue him.
Impact on Judiciary Integrity
In his petition, Justice Lenaola argues that the continuous attacks are not only damaging to his personal reputation but also harmful to the credibility of the Judiciary.
“The Judiciary relies on public trust and confidence to deliver justice. These defamatory statements undermine that foundation,” the judge asserts in his affidavit.
What Lies Ahead
The defamation case is set to proceed under strict timelines, with both parties expected to present their arguments in writing. The mention date of October 13, 2025, will determine the way forward.
If Muigai is found liable, he could face heavy penalties, including damages for defamation, costs, and permanent injunctions restricting him from making similar statements in the future.
This case highlights the rising tension between public commentary, social media influence, and judicial independence in Kenya, with the court expected to balance freedom of expression against the protection of reputation and institutional integrity.