Woman rep Elsie Muhanda sues governor Barasa for defamation

Kakamega Woman Representative Elsie Muhanda /HANDOUT

Kakamega Woman Representative Elsie Muhanda has filed a defamation suit at the High Court against Governor Fernandes Barasa.

She alleges that the county chief made and published statements that damaged her reputation and standing in public life.

Through her lawyer, Danstan Omari, Muhanda claims Barasa made defamatory remarks in public gatherings and on media platforms, which she argues portrayed her in a negative light and lowered her esteem in the eyes of the public.

According to court documents, the woman representative maintains that the statements went beyond political criticism and amounted to attacks on her character and professional competence in the discharge of her duties as an elected leader.

She further argues that as a holder of public office, her reputation is central to the effective performance of her constitutional duties, adding that the continued circulation of the alleged statements poses a risk of further harm.

“That the Plaintiff (Muhanda) is a public office holder whose reputation is critical to the performance of her duties and the continued publication of the defamatory statements will cause irreparable damage,” the application states.

Muhanda also contends that the alleged remarks by the governor carry significant weight due to his position as a county chief and therefore have had a wider influence and impact on public perception.

“That by reason of the defendant's public office as governor, his statements carry enormous weight and influence and have caused and continue to cause grave and irreparable damage to my reputation, political standing and personal dignity,” she states in the court filings.

She adds that she has approached the court promptly and in good faith, arguing that unless interim orders are granted, she stands to suffer substantial and irreparable harm.

In her application, the woman representative is seeking urgent certification of the matter.

"That the urgency of this matter cannot be overstated, and the Plaintiff’s plight demands the court’s immediate attention and intervention before further irreversible harm occurs," she says.

The legislator is also seeking temporary injunctive orders restraining Governor Barasa from disseminating any statements deemed defamatory against her.

"That pending the hearing and determination of the plaintiff’s suit, a mandatory injunction be issued compelling the defendant, whether by himself, agents, servants or any person acting on his instruction/under his direction, to take down/retract/delete/purge all defamatory statements, words and/or images published against the plaintiff," the application further says.

She also seeks an order requiring a public apology and retraction to be issued with equal prominence to the original statements and Sh18 million in damages.

The court is expected to give further directions on the matter.