High Court bars Sonko from defaming tycoon Mike Kamau

Lawyers James Ochieng Oduor (Center) and Justus Obuya (right), for city businessman Mike Maina Kamau, and the businessman’s personal assistant Kennedy Wainaina outside court on January 28, 2019. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • The court restrained Sonko from publishing defamatory content about the businessman, pending the determination of his case over an explosive phone call recording.
  • Kamau, the owner of Marble Arch Hotel, went to court accusing Sonko of releasing a recording of a conversation in which he insulted him, initiating social media attacks.
  • He is seeking general damages for libel, slander and loss of business.

The High Court on Monday barred Nairobi Governor Mike Mbuvi Sonko from issuing defamatory statements against businessman Mike Kamau.

The court also restrained Mr Sonko from publishing defamatory content about the businessman, pending the determination of his case over an explosive phone call recording.

“Pending the hearing of the application inter-parties, a temporary injunction is issued restraining [the defendant] from making any defamatory statements and/or making any defamatory publications in reference to the plaintiff,” reads one of the orders sought by Mr Kamau.

PRAYER

In the case, Mr Kamau wants the Nairobi Governor compelled to pull down posts about him from his Facebook page.

Mr Kamau, the owner of Marble Arch Hotel, went to court accusing Mr Sonko of releasing a recording of a conversation in which he insulted the businessman, initiating social media attacks.

The tycoon said the posts were damaging to his reputation and image.

THE DISPUTE

The dispute began in December after Muthithi Investments Limited, owned by Mr Kamau, started demolishing houses built on a 20-acre plot in Nairobi’s Kayole estate.

The governor called the businessman and in a leaked private conversation threatened to demolish part of his hotel, which he said was built on grabbed land.

The firm had earlier obtained a court order to evict occupants from the plot.

The businessman says the recording, which was widely circulated, and the Facebook post were meant to depict him as someone who is violent, corrupt, and has misled the court using fake documents, a criminal offence under the Penal Code.

He is seeking general damages for libel, slander and loss of business.

The case will be heard on February 21.