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Judge Dismisses Bid to Gag Nation Media in Defamation Row over Housing Scam Reports

The High Court has declined to issue gag orders sought by real estate developer Ejidio Kinyanjui, who wanted Nation Media Group and two of its editors barred from publishing or referencing any reports linking him to alleged fraudulent housing projects.

Justice Prof. Nixon Sifuna ruled that the orders sought were too extreme and would amount to an unconstitutional muzzling of the media, noting that freedom of the press is a protected right that should only be limited in the rarest and most exceptional circumstances. 

Kinyanjui, the director of Willstone Homes Limited, had moved to court seeking urgent orders to stop the media house from republishing or referring to articles published in August 2024 and June 2025, which he claimed portrayed him as a scammer involved in stalled housing projects. He argued that the reports had damaged his reputation, caused business losses, and continued to subject him to public ridicule. In his application, he insisted he had no links to Banda Homes Ltd, the company at the centre of the controversy, and accused the journalists of malicious reporting. 

But the judge found that the threshold for granting such pre-trial injunctions against the media had not been met. He noted that the application largely sought to suppress journalistic expression before the full trial could test the evidence, a step the courts are reluctant to take except where there is clear, immediate danger of repeated defamatory attacks. He added that many of the statements complained of would require a full hearing to determine their truth, context, and impact, not an early-stage injunction. 

Justice Sifuna observed that granting the orders would have the effect of cutting off public debate and preventing the press from reporting on matters of public interest, especially those involving major housing developments and investor concerns. He emphasised that the role of the court is not to micromanage newsroom decisions, and that any harm alleged can be adequately addressed at the trial stage or through damages if the developer ultimately succeeds in the defamation suit. 

The court therefore dismissed the application in its entirety and directed each party to bear its own costs, clearing the way for Nation Media Group to continue reporting on the matter as the main suit proceeds to full hearing.

CH Reporter

CH Reporter

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