NAIROBI, Kenya — The High Court sitting at Milimani has issued interim orders restraining Kileleshwa Ward MCA Robert Alai from publishing or circulating any defamatory content about senior advocate Danstan Omari, pending the hearing and determination of a defamation suit.
Lady Justice Janet Mulwa granted the orders while delivering a ruling on an application filed by Omari, who accused the MCA of using his Facebook platform to publish statements he said were false, malicious, and damaging to his professional reputation.
In court papers, Omari told the court that Alai published derogatory, contemptuous, and dehumanising statements that expressly referred to him by name, leaving no doubt as to the intended subject of the publication. He argued that the posts were deliberately crafted to injure his standing as a senior advocate of the High Court.
The advocate maintained that the statements portrayed him as a person exploiting court processes for political publicity. Omari said the allegations were misleading and designed to cast doubt on his integrity while undermining public confidence in the administration of justice.
According to the application, the impugned Facebook post attracted significant public engagement, recording more than 2,200 reactions and over 900 comments. The post remained accessible to Alai’s estimated audience of 729,000 followers.
Omari argued that the wide circulation of the post encouraged members of the public to publish further defamatory remarks, aggravating the harm to his reputation. He told the court that the publication reached his clients and professional associates, causing confusion, distress, and strain in advocate-client relationships.
“The statements exposed me to public ridicule, diminished my professional credibility, and resulted in the loss of clients, income, and livelihood,” Omari stated in his supporting affidavit.
In his submissions, Omari contended that Alai’s conduct amounted to defamation under common law. He also argued that the publication violated Section 23 of the Computer Misuse and Cybercrimes Act, 2018, which criminalises the publication of false, misleading, or fictitious information intended to damage the reputation of another person.
The advocate further invoked Article 28 of the Constitution, which guarantees the right to human dignity, arguing that the continued circulation of the statements violated his constitutional rights.
Court documents indicate that Alai was served with a notice of intention to sue and a formal demand for retraction and apology dated June 20, 2025. Omari told the court that despite service, the MCA failed to withdraw, correct, or apologise for the publication.
In her ruling, Justice Mulwa found that Omari had established a prima facie case warranting interim protection. The judge held that the continued publication or republication of the statements posed a real risk of further reputational harm before the suit could be heard and determined.
The court consequently issued orders restraining Alai, whether by himself or through agents, from making, publishing, or republishing any defamatory statements concerning Omari pending the determination of the suit.
The ruling adds to a growing body of jurisprudence on the limits of political speech on social media, particularly where such speech intersects with reputation, dignity, and the administration of justice.
The matter is scheduled for pre-trial directions on March 4, 2026, before the Deputy Registrar.
