The High Court has declined to grant gag orders sought by real estate developer Ejidio Kinyanjui, who wanted the Nation Media Group (NMG) and two of its editors barred from publishing or referencing reports linking him to alleged fraudulent housing projects.
Justice Prof. Nixon Sifuna ruled that the orders were excessive, unconstitutional, and would amount to unlawful censorship of the press, stressing that media freedom is a protected right that can only be limited in the rarest and most exceptional circumstances.
Developer Sought to Block All Reference to Past Articles
Kinyanjui, the director of Willstone Homes Limited, had filed an urgent application seeking to stop NMG from:
- Republishing investigative articles published in August 2024 and June 2025, and
- Making any new references to the reports tying him to stalled or disputed housing projects.
He argued that the publications portrayed him as a scammer, harmed his reputation, caused business losses, and exposed him to public ridicule.
He further maintained he had no links to Banda Homes Ltd, the company at the centre of multiple housing disputes, accusing the journalists of malicious reporting.
Court: Threshold for Media Injunction Not Met
In his ruling, Justice Sifuna held that Kinyanjui had not met the legal threshold for a pre-trial injunction against the media.
The court observed:
- The application sought to pre-emptively silence the press before a full hearing could test the truth or falsity of the claims.
- Courts are reluctant to issue such orders unless there is clear, immediate danger of repeated, malicious defamation.
- Many of the contested statements require comprehensive evaluation at trial, not at the interim stage.
Press Freedom and Public Interest Take Precedence
Justice Sifuna further noted that granting the order would impede the press from reporting on matters of public interest, particularly those involving major housing projects and investor concerns.
He emphasised that:
- Courts should not micromanage newsroom editorial decisions.
- Any reputational harm can be addressed through damages, should Kinyanjui succeed in the defamation suit.
- Public debate and scrutiny on real estate matters must remain open.
Application Dismissed, Main Case to Proceed
The judge dismissed the application in its entirety and directed each party to bear its own costs.
The decision clears the way for Nation Media Group to continue reporting on the matter as the defamation suit now proceeds to a full hearing.
