Nairobi, Kenya – The High Court at Milimani has issued interim orders restraining Kileleshwa Ward MCA Robert Alai from posting, publishing, or republishing any defamatory information concerning Advocate Danstan Omari.
The orders were delivered by Lady Justice Janet Mulwa in a defamation suit filed by Omari, who accused Alai of publishing derogatory and dehumanizing statements on his Facebook account with clear intent to refer to him.
The Defamation Claim
According to court documents, Alai allegedly posted statements that Omari described as false, unsubstantiated, and malicious, intended to injure his character, reputation, and professional standing.
Omari told the court that Alai’s remarks suggested he was using legal proceedings for political publicity an assertion Omari said was misleading and calculated to discredit both his integrity and the judicial process.
Wide Circulation and Harm
The publication reportedly attracted over 2,200 reactions and more than 900 comments on Facebook, remaining accessible to Alai’s 729,000 followers. Omari argued that the post provoked further defamatory responses from the public, amplifying reputational harm.
He further contended that the statements reached many of his clients, caused distress and confusion, undermined the advocate-client relationship, and subjected him to public ridicule. According to Omari, the fallout eroded his professional credibility, led to loss of clients, and resulted in substantial loss of income.
Legal Grounds
Omari submitted that Alai’s conduct amounts to defamation under common law and violates:
- Section 23 of the Computer Misuse and Cybercrimes Act, 2018
- Article 28 of the Constitution of Kenya, 2010, which guarantees the right to human dignity
Despite being issued with a notice of intention to sue dated June 20, 2025, and a demand for retraction, Alai allegedly failed to retract the publication.
Court’s Ruling
In her ruling, Justice Mulwa granted interim orders restraining Alai from further defamatory publications against Omari. The court directed that the costs of the application shall abide the outcome of the main suit.
Pre-trial directions have been scheduled for March 4, 2026, before the Deputy Registrar.
Conclusion
The ruling highlights the growing importance of accountability in digital spaces, where online publications can quickly reach wide audiences and cause significant reputational harm. As the case proceeds to full hearing, it will serve as a critical test of how Kenya’s courts balance freedom of expression with protection of dignity and professional reputation.
