Nakuru Muslim Association chair gets reprieve in defamation case

Nakuru Muslim Association’s (NAM) chair Faezz Nasher has got a reprieve after the High Court stopped the social media publication of alleged defamatory statements against him.

Judge Julius Nangea temporarily barred Abdulahi Adan, a NAM member, from further publishing any materials related to Nasher's complaint until his defamation case is heard and determined.

Adan is said to have published materials depicting Nasher as a corrupt chair who was involved in the alleged rigging of NAM elections. He was also depicted as a bad businessperson.

However, Judge Nangea ruled that Nasher’s application warranted the issuance of the temporary injunction based on his claims and some of the evidence he availed.

Among the evidence the court took note of was a court decision dismissing a case challenging the elections in 2023.

“The legal challenge to the NAM elections in issue failed after a case that was mounted was struck out in court. It has not been rebutted and no appeal on the decision has been lodged,” ruled Nangea.

He also noted that Adan did not refute claims that he participated in the said elections as an observer.

“These circumstances demonstrate a prima facie chance that the applicant could succeed in the defamation case and he could suffer irreparable loss if there is continued publication of the alleged defamatory material,” said Nangea.

The court, however, declined to grant a permanent mandatory injunction as prayed by Nasher, with Nangea insisting that the issue had to await examination of evidence at the trial.

The judge also transferred the case to the magistrate’s court, noting that Nasher was claiming Sh17 million in compensation.

“The amount claimed is within the jurisdiction of the Chief Magistrate’s Court which has a maximum monetary limit of Sh20 million,” the judge stated.

He said that the case would be best handled by the Chief Magistrate for administrative purposes and optimal utilization of scarce judicial resources.

He also added that the measure would ensure that none of the parties was deprived of their right of appeal to the High Court in the event of dissatisfaction with the lower court’s decision.

Nasher moved to court, citing Adan for defamation. He said he was a long-standing businessman and devout Muslim and community leader in Nakuru County.

According to Nasher, on January 28, 2026, Adan authored and published a Facebook post regarding governance of NAM and Waqf Properties.

“The publication falsely claimed that I was a self-declared and illegal chairman who was corrupt and had rigged elections among other accusations,” he submitted.

He made it adamant that contrary to the claims, the elections were authorized by the High Court through and were conducted under the supervision of the Deputy Registrar of the court.

He also produced video footage and photographs as evidence, proving that Adan attended and observed the elections.

Nasher accused Adan of dishonesty, adding that the publication remained accessible online and continued to attract readership and hostile commentary, adversely affecting his reputation.

Adan denied defaming Nasher and contended that as a member NAM, he had the right to express his views concerning alleged defective leadership.

“The Facebook post complained of is my call for accountability required by the Constitution of leaders,” he deposed.

Adan claimed that the mandatory injunction Nasher craved, would limit his constitutional right to freedom of expression and association.

“My views on the leadership of NAM are shared by other members of the Association as demonstrated by their comments thereon,” he averred.