Nairobi Governor Johnson Sakaja has failed in his attempt to block Nation Media Group (NMG) from publishing reports linking him to criminal gangs and the chaos that marred the 2025 commemoration of the Gen-Z-led anti-Finance Bill protests.
Justice Nixon Sifuna ruled that Sakaja did not present a strong enough case to justify injunctive orders against the media house. The judge explained that the governor’s application sought to preempt possible future stories, making it speculative. He also reminded Sakaja that as a public figure, he could not escape scrutiny.
“From the motion, it is clear that the Plaintiff (Sakaja) is seeking a rolling or free-flowing injunction as a precaution to the general likelihood of the media house in future publishing such a story/report. For an injunction of that manner to be issued, there will have to be evidence of an imminent or immediate future threat of such publication,” Justice Sifuna said.
Lawsuit Against NMG
Sakaja filed the case in June after NMG ran a story titled “How chaos was planned”, which reported that hired goons had attacked protesters on June 17, 2025, during demonstrations in Nairobi.
While NMG maintains that the report relied on verified sources, Sakaja disputes the claim and insists that the publication defamed him.
Pending the outcome of the case, the governor had asked the court to bar NMG and its journalists from publishing, printing, broadcasting, or circulating any stories linking him to the organising, planning, or funding of criminal gangs that disrupted protests. His legal team argued that the media house might publish similar stories in future, especially during commemorations of the Gen-Z protests.
Court Defends Media Freedom
Justice Sifuna justified his ruling using the constitutional guarantee of freedom of the press in Article 34, referring to it as one of the pillars of democracy.
He said the right protects not just the media’s ability to report but also the public’s right to stay informed.
“Pre-trial injunctions against the mainstream media platforms (formal media sector) ought to be issued very sparingly and only in exceptional and most deserving circumstances,” he said.
“It needs to be emphasised that pre-trial injunctions, if dished out in a wanton, reckless and cavalier fashion, have the effect of stifling media freedom and cutting back on the gains made in promoting a free press.”
The judge cautioned courts against rushing to censor the press, stressing that judicial intervention should remain the exception rather than the norm. He said public interest must outweigh private rights except in rare cases of malice, vendetta, bad faith, or witch hunts.
“More so in defamation suits by public figures, and holders of public office whose conduct and actions even in the private space, are a matter of public interest. The rule of the thumb here being, ‘the higher the privilege, the higher the responsibility and scrutiny,’” he stated.
After reviewing Sakaja’s request, the judge concluded that the governor had not met the threshold to justify restricting the media. He noted that courts should not silence journalists based on speculation or fear of possible future reporting.
“A rolling gag order such as the one the plaintiff is seeking in this motion, is most undesirable. I describe it as ‘rolling’ in the sense that it is continuing and anticipatory and intended to insulate against all eventuality,” Justice Sifuna ruled.
The court eventually rejected Sakaja’s application, reiterating that media freedom is a pillar of Kenya’s democracy and a call for accountability.
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