The High Court has dismissed an attempt by real estate developer Ejidio Kinyanjui to prevent Nation Media Group and two of its editors from publishing or referencing reports linking him to alleged fraudulent housing projects.
Justice Prof. Nixon Sifuna ruled that the gag orders sought by Kinyanjui were excessive, unconstitutional, and would amount to unlawful censorship of the press. He stressed that media freedom is a protected right that can only be restricted in the rarest and most exceptional circumstances.
Kinyanjui, the director of Willstone Homes Limited, had filed an urgent application seeking to stop Nation Media from republishing investigative articles published in August 2024 and June 2025.
He also wanted the media barred from making any new references to reports tying him to stalled or disputed housing projects.
The developer argued that the publications portrayed him as a scammer, harmed his reputation, caused business losses, and exposed him to public ridicule. He further denied any links to Banda Homes Limited, the company at the centre of multiple housing disputes, accusing journalists of malicious reporting.
Court: Legal Threshold Not Met
In his ruling, Justice Sifuna noted that Kinyanjui had not met the legal requirements for a pre-trial injunction against the media. The court observed that the application sought to preemptively silence the press before a full hearing could determine the truth or falsity of the claims.
“The courts are reluctant to issue such orders unless there is a clear and immediate danger of repeated, malicious defamation. Many of the contested statements require comprehensive evaluation at trial, not at this interim stage,” the judge said.
Press Freedom and Public Interest Prevail
Justice Sifuna emphasised that granting the orders would impede reporting on matters of public interest, particularly regarding major housing projects and investor concerns.
Read also:https://www.newsline.co.ke/they-sold-me-a-lie-diaspora-man-exposes-willstone-homes-fraud-exposed/
He stressed that courts should not micromanage newsroom editorial decisions and that any reputational harm could be addressed through damages if Kinyanjui succeeds in the defamation suit.
Application Dismissed, Main Case to Continue
The judge dismissed the application in its entirety and directed each party to bear its own costs. The ruling clears the way for Nation Media Group to continue reporting on the matter while the defamation suit proceeds to a full hearing.
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