Kakamega Women Representative Elsie Busihile has sued Governor Fernandes, his wife Janet Kasilly Barasa and 8 bloggers over false and defamatory allegations.
Busihile wants the court to issue orders restraining the respondents, their servants or agents from publishing, broadcasting, posting or disseminating by any means whatsoever any defamatory or false statements of and concerning her.
The applicant wants the court to issue the orders pending the hearing and determination of the case.
The Women Rep who is seeking a total of Sh 115 million compensation from the defendants, accuses the respondents of damaging her reputation by calling her a drunkard, immoral, and incompetent.
Through lawyer Danstan Omari, the applicant, claims that the said statements have been made publicly in gatherings and/or media platforms thereby lowering her reputation in the eyes of the public.
“The defendants’ actions have incited the members of the public to ridicule, insult and demean the plaintiff.
Mrs Barasa is said to have authored and issued a demand letter containing false, scandalous, and defamatory imputations against the plaintiff.
According to court documents, the said allegations falsely suggest that the Women Rep accused her of involvement in a death, imputed criminal conduct against her and acted maliciously for political gain.
However, Busihile denies uttering the alleged words in the manner pleaded or at all, and states that the allegations are distorted, exaggerated, and maliciously manufactured.
Omari noted that the demand letter itself constitutes a publication of defamatory material, exposing the plaintiff to ridicule, suspicion, and reputational harm.
On the other hand, the bloggers are accused of portraying the Women Rep as an old alcohol abuser.
According to Omari, one of the bloggers did a video on Facebook alleging that Busihile is exploiting young men at a hotel known as Amanda Resort in Kakamega in room 21.
However, it is alleged that the management at the said resort has denied the allegations confirmed that the alleged room referenced in the publications does not exist.
The applicant claims that the continued online presence of the defamatory publications is causing irreversible and compounding harm to the plaintiff’s reputation exposing her to public ridicule, hatred and moral condemnation on a massive scale.
Busihile wants the court issue an order compelling the defendants to publish a public apology and retraction with equal prominence as the defamatory publications.
The bloggers mentioned are Fabian Musamia, Peter Angatia, Joel Eshkumo, Dennis Weche, Dan Makori Kibwage, Janet Wasike, Melisa Awuor and Tariq Shitiabai.
The Women Rep is seeking Sh 20 million from the governor, Sh 15 million from Mrs Barasa and Sh 10 million from each of the eight bloggers as general damages for defamation.