Gem Member of Parliament Elisha Ochieng Odhiambo moved to the High Court Friday to stop a section of his constituents from holding demonstrations against alleged misuse of the Constituency Development Fund.
And Siaya High Court Judge Lady Justice Roseline Aburili issued temporary injunctions restraining Communist Party of Kenya national chairman Booker Ngesa Omole, his agents or servants from holding or conducting public protests against the MP pending the hearing and determination of the application.
According to the legislator, Omole has been publishing defamatory articles, letters and status updates on various social media platforms alleging that he (Elisha Odhiambo) has stolen funds from the national government constituency development fund.
“The defendant has organised a series of demonstrations against the plaintiff commencing on 28th September, 2020 with an intention of attacking, maligning, defaming and injuring the reputation of the plaintiff,” read the application filed by Oruenjo Kibet and Khalid advocates who are representing the MP.
Odhiambo said in the plaint that his attempt to stop the defendant from publishing further inflammatory and spiteful articles by sending a demand letter only served to fuel the defendant as he ‘arrogantly’ continued to make more publication, tweeting and sharing the unfounded articles on social media where he (Omole) commands huge following.
The MP urged the court to grant him injunction against the defendant as in the absence of the orders sought, he was apprehensive that the planned demonstrations may turn chaotic and compromise the general security of the residents.
Lady Justice Aburili certified the matter as urgent and granted the Gem Member of Parliament’s prayers.
“Temporary injunction is hereby granted restraining the respondent, by himself or through any of his servants and agents from uttering any defamatory words, publishing any defamatory information, verbally or in writing to individuals, groups, on social media platforms, newspapers or magazines of or concerning the plaintiff pending the hearing and determination of this application,” ordered the judge.
The Judge further gave orders restraining the defendant from holding or conducting demonstrations or public protests of, or concerning the plaintiff until September 30.
She ordered the officers commanding Akala and Yala police stations in Gem constituency to ensure compliance of the orders.
The development comes in the wake of protests by the Central Gem location residents over the amount allegedly used by the GEM Ng-CDF to put up an administration block at Masinde primary school.
The locals, led by Omole, have been questioning the alleged use of Sh1.5 million to finish up the project that was undertaken by the community up to ninety percent.
Early this week, a protest by the residents ended in disarray when some goons threw tear gas canisters at the villagers who had stormed the school to demand answers.
By Philip Onyango