Morara Kebaso barred from publishing statements about Borabu MP
Pending the hearing of the application, the magistrate restrained Kebaso, his agents, associates, employees, digital content creators, ghostwriters and any other persons acting on his behalf from publishing, broadcasting, uploading, reposting or sharing statements identified in the court orders through social media, print media or broadcast platforms.
The Keroka Magistrate's Court has temporarily barred activist Morara Kebaso from making, publishing or sharing statements about Borabu MP Patrick Osero after the legislator moved to court with a defamation case seeking to stop remarks he considers damaging to his reputation.
In a ruling delivered on Thursday, Senior Resident Magistrate Ismael Stanley Imoleit issued interim orders restricting Kebaso from making a range of statements concerning Osero pending the hearing and determination of an application filed by the MP on July 1.
Although the court declined to certify the application as urgent, it granted temporary injunctive orders that will remain in force until the matter is heard and determined.
The case lists Patrick Osero as the applicant and Morara Kebaso as the respondent.
The court directed that Kebaso be served with the application by the close of business on July 3. The matter will be mentioned on July 29 for further directions.
Pending the hearing of the application, the magistrate restrained Kebaso, his agents, associates, employees, digital content creators, ghostwriters and any other persons acting on his behalf from publishing, broadcasting, uploading, reposting or sharing statements identified in the court orders through social media, print media or broadcast platforms.
Among the statements covered by the orders are claims describing Osero as a "former Member of Parliament" or suggesting that he no longer holds the Borabu parliamentary seat.
The court also prohibited Kebaso from claiming or implying that he is the current, acting or de facto Member of Parliament for Borabu Constituency.
Further, the orders stop him from alleging that Osero has never attended or participated in National Assembly proceedings.
The magistrate also restrained Kebaso from making what the court described as fictitious, false or misleading claims regarding National Government Constituencies Development Fund (NG-CDF) allocations and spending in Borabu Constituency.
In addition, the court barred him from alleging that all NG-CDF contractors in the constituency are owned by a single individual in a manner that suggests corruption on the part of the MP.
The ruling also extended to public commentary, with the court prohibiting Kebaso from making statements about Osero that are alleged to be false or defamatory during public gatherings, church meetings, podcasts, media briefings, press conferences or any other forum.
The orders further prevent him from directing third parties to publish or circulate such statements on his behalf.
The court warned that failure to comply with the directives could attract penal consequences.
The temporary orders will remain in place pending the hearing and determination of the application, with the court expected to issue further directions when the matter comes up for mention on July 29.
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