High Court issues injunction against social media defamation of Pastor Richard Takim

A High Court sitting in Nairobi has stepped in to halt a social media campaign against Pastor Richard Stanley Takim, restraining a man from continuing to publish or republish statements alleging the pastor and his church are involved in cultism.

Justice Nixon Sifuna issued the ruling in response to a defamation suit filed by the pastor against Luke Chianga Chianga, who is accused of using multiple platforms, Instagram, Facebook, X, and Telegram, to damage the plaintiff’s reputation.

In his determination suit, Justice Sifuna noted that the defendant had failed to file a defense.

The judge found that the materials presented were potentially defamatory and capable of lowering the pastor’s standing in society.

A key factor in the court’s decision was the strategic nature of the posts where Justice Sifuna pointed out that the simultaneous use of various platforms suggested a deliberate attempt to maximize reach.

“As if to ensure it reaches a wide base of society,” the judge observed, noting that this amplified the potential harm to the plaintiff’s reputation.

While the judge emphasized that a final determination on the truth of the statements would only occur during a full trial, he held that the case met the legal threshold for an interlocutory injunction.

This temporary order prevents further harm while the litigation is ongoing.

The court made a strategic distinction regarding the existing content.

While Justice Sifuna restrained the defendant and his agents from posting new or similar material, he refused to order the deletion of posts already online.

The judge ruled that a mandatory injunction to pull down the content was inappropriate at this stage, as the existing posts serve a critical legal purpose:

Justice Sifuna ruled that the material should be preserved, as it constitutes evidence that will be required at trial.

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