BY SAM ALFAN.
The High Court has directed controversial blogger Cyprian Nyakundi to justify his continued defamation of Safaricom boss Bob Collymore before appropriate punishment against him.
Nyakundi is required to file a sworn statement and provide copies to lawyers representing Collymore, who have protested that the blogger has not demonstrated any remorse after he was found guilty of deliberately disobeying court orders restraining him from publishing offending articles on social media last December 1.
Justice Mwihaki Njuguna observed that the integrity of the judicial process was likely to be undermined after Collymore’s lawyers complained that Nyakundi has repeatedly posted tweets on his personal platform in total disregard of court sanctions.
However, Nyakundi claimed it was unprocedural to introduce new evidence on a matter that was pending adjudication.
Collymore is seeking orders to have Nyakundi committed to civil jail for disobeying an injunction issued on July 18, last year, blocking him from publishing defamatory articles concerning corruption in the media industry in Kenya.
The blogger reportedly carried the offending story on August 1, last year, and failed to apologize and withdraw it.
In her ruling on December 1, Justice Mwihaki dismissed Nyakundi’s assertion that he did not maliciously discredit the Safaricom CEO or cast aspersions on his credibility and reputation. Similarly, she threw out his assertion that the court order was not served on him personally.
“It has been said, time without number, that whenever a court order is made, such an order is binding and whoever has difficulty has the opening to come to court to seek an explanation rather than defy it,” Justice Mwihaki had pointed out in her 13-page ruling.
The Judge extended the sanctions imposed on Nyakundi to keep off commenting about the contentious issue pending his mitigation and sentencing.
The punishment against him will be considered on January 31.
