Nairobi Gubernatorial aspirant Miguna Miguna has been issued with strict orders following the abusive engagement with businesswoman Esther Passaris on the Jeff Koinange Live (JKL) show.
High Court Judge Justice Joseph Sergon restricted Mr Miguna from making further defamatory remarks against Passaris pending an inter-party hearing scheduled for December 8, 2016.
“I issue injunction prohibiting the defendant from further defamation of the plaintiff image on the various media platforms including social, print and electronic media or any other forum” Judge Sergon said.
Passaris, through her lawyer Gitobu Imanyara, also wants the electoral body to establish whether Miguna should be cleared to contest for the position of Nairobi Governor or elsewhere in the Republic of Kenya claiming that he violated Chapter 6 of the Constitution as well as the provisions of the Leadership and integrity Act when he spewed sexual remarks against her.
"The conduct of Miguna Miguna using his twitter handle before and during the talk show 'Jeff Koinange Live' hosted by Jeff Koinange and aired on KTN was libelous, defamatory, malicious, scandalous and injurious to the Plaintiff’s reputation and repugnant to the constitution," Passaris noted.
The aspiring Nairobi Governor indicated that the Canadian-based lawyer had offended her together with her family when he depicted her as "a scoundrel, a member of a cartel, a thief, a looter and a drug pusher" during the show.
Passaris has named the IEBC, Law Society of Kenya, Advocates Complaints Commission and the Media Council as interested parties in the case.
The JKL show, which hosted both Miguna and Passaris, sparked outrage in the country when it turned out excessively abusive with Miguna hitting her co-debator with sexually offensive abuses.
In a clip taken off air Miguna was heard telling Passaris: "It's just colour...Esther, it's just colour... Without the colour you are nothing...you are absolutely zero...you are zero...you are not beautiful... You have nothing… everybody is raping Esther...Esther is so beautiful... everybody wants to rape her ..."
However, Miguna filed a complaint against the show host and KTN noting that a video was secretly recorded and shared on social media to disparage him.
According to the lawyer, a clip was recorded during a commercial break when he was engaging Ms Passaris and maliciously distributed on social media without his consent.
