Court Gags Governor Barasa, Wife, and 8 Bloggers in Sh115M Defamation Suit
"Pending the hearing and determination of this application, a temporary injunction do issue restraining the Defendant, whether by himself, his servants....." the Magistrate ruled.
Kakamega governor Fernandes Barasa, his wife, and eight bloggers have been restrained from uttering and publishing defamatory statements against Kakamega women’s representative Elsie Muhanda Busihile.
The court directed Busihile to serve the suit papers on the governor forthwith. Issuing the orders the court observed that, public figures must act in accordance with Articles 10 and 28 of the Constitution.
Under these Articles, public officers are required to conduct themselves respectably and observe national values.
The Woman rep through her lawyer, Danstan Omari, urged the court to prohibit the governor, his wife, and the bloggers from disparaging her character and name in public gatherings and on social media platforms.
The court allowed the petitioner’s request, saying the case has merit and the orders prayed for are warranted
“Pending the hearing and determination of this application, a temporary injunction do issue restraining the Defendant, whether by himself, his servants, agents, employees, political associates or any other person acting through or under him, from uttering, publishing, republishing, broadcasting, posting or disseminating by any means whatsoever any defamatory or false statements of and concerning the Plaintiff.”
A governor, his wife and eight bloggers have been sued by a woman representative over alleged defamation.
In a law suit filed at the Milimani Court the Kakamega woman representative is urging the court to order the defendants to pay her a total of 115 million in compensation.
From Barasa she is urging the court to compel him to pay Sh20 million , his wife Sh 15m and from the eight other defendants Sh10million each.
Busihile says that unless the court intervenes, the alleged falsehoods being circulated about her have “gained traction and are likely to be widely published and disseminated.”
The MP claims that the false allegations being spread by the defendants have disparaged her character and have painted her in bad light thereby demeaning her public standing as a public figure.
Busihile is therefore urging the Milimani High Court to restrain Barasa, his wife Prof Janet Kassily, and eight others, Fabian Musamia, Peter Angatha, Joel Eshkhumo, Dennis Weche, Dan Makori Kibwage, Janet Wasike, Melisa Owuor, and Tariq Shitiabai, from republishing or repeating alleged defamatory statements about them in their public interactions.
She claims the alleged untruthful statements made about her character have disparaged her and “unless the court intervenes, she says her standing in the society will be brought into public odium.”
The plaintiff has claimed that the three separate cases in which she claims falsehoods have been published linking her to the death of a person in Kisumu which she denies knowledge about.
In the cases filed under a certificate of urgency by lawyer Danstan Omari the Busihile is seeking temporary orders barring the defendants from re-publishing falsities about her.
“Pending the hearing and determination of the cases, a temporary injunction do issue restraining the governor, his wife (Prof Kassily), and the other six respondents from uttering, publishing, republishing, broadcasting, posting, or disseminating by any means whatsoever any defamatory or false statements of and concerning the plaintiff Busihile,” Omari urges in the court filings.
Busihile accuses the governor of engaging in the alleged smear campaign because he knows “she has publicly declared interest in the Kakamega gubernatorial seat in the 2027 general elections.”
Busihile states in her affidavit in support of the case that “She is a peace-loving, law-abiding leader and has at all material times maintained a cordial and professional relationship with the first-term governor in serving the people of Kakamega County.”
She also states that she has demonstrated willingness to cooperate in the interest of public service and development.
The women rep maintains that her rights under Article 28 of the Constitution have been violated and that she is supposed to be treated with dignity
The matter will be heard on May 7, 2026.
