The High Court in Nairobi dismissed businessman Ejidio Kinyanjui’s bid to stop Nation Media Group and its journalists from publishing articles connecting him to the failed housing company, Banda Homes Limited.
Kinyanjui, the Managing Director of Willstone Homes Limited, filed the suit following two articles published in the Daily Nation on August 7, 2024 and June 4, 2025, which allegedly linked to fraudulent real estate projects.
In his application, he argued that the publications were defamatory, malicious, and had caused him irreparable reputational damage, financial losses, and family distress.
He sought an interlocutory injunction to prevent the defendants from republishing or referencing the articles, or publishing any new content about him related to real estate fraud.
The defendants including Nation Media Group, journalist Simon Ciuri, and the Editor-in-Chief opposed the application.
They argued that the articles addressed a matter of public interest, highlighting issues faced by Kenyans when property developers fail to deliver on projects after collecting deposits.
They also contended that any reputational harm suffered by Kinyanjui could be adequately compensated through damages.
In his ruling, Justice Nixon Sifuna emphasized the constitutional protection of press freedom under Article 34, describing it as a “necessary evil” that allows for robust journalistic expression.
He said interlocutory injunctions against mainstream media are only granted in exceptional cases and that restraining the press at the pre-trial stage could stifle freedom of expression.
The court found that Kinyanjui had not demonstrated exceptional circumstances to justify the injunction.
The court further held that pre-trial gag orders on media outlets are “a price too high to pay” without clear justification.
“Granting the orders is a price too high to pay for the muzzling of freedom of the press and journalist expression. As I have stated elsewhere in similar cases, this freedom is a necessary evil,” said Sifuna.
“This Application therefore fails, and is hereby dismissed. Each party shall bear its costs of the Application.”
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