Kesses MP Swarup Mishra can commence contempt proceedings against blogger Robert Alai for publishing defamatory statements against Mediheal Hospital.
Duty judge Joseph Sergon said he was convinced that Mishra had shown his case was arguable and granted him 14 days to do so.
Mishra is the director of Mediheal Hospital and Fertility Centre.
On April 7, Justice Mbogholi Msagha restrained Alai from further publishing defamatory remarks against Mediheal Hospital and Fertility Center on social media.
But the MP told Sergon that Alai disobeyed the order and on Twitter accused Justice Mbogholi of receiving a bribe from the hospital to issue the orders. He also named justices Jaqueline Kamau and Said Chitembwe.
In an affidavit, Mishra says the Twitter posts by Alai are meant to intimidate the judges and have them pre-judged by the public.
“The castigation of the Judges and the accusations of corruption without any evidence is calculated to interfere and pervert the due administration of justice in the main case,” Mishra says.
Mediheal is a medical services provider running a group of hospitals known as Mediheal Hospitals which are currently located in Nairobi, Eldoret, Nakuru and Kigali in Rwanda.
Mishra says Alai’s allegations are serious and imply that justice Mbogholi who issued the subject orders was bribed.
Mbogholi granted the order after the hospital argued that Alai was spreading false information alleging it was involved in the trafficking of human organs.
The judge certified the case as urgent and directed that Alai be served with the papers ahead of the hearing of the case on April 22. Alai is yet to respond.
Court documents indicate that the allegations by Alai have dented the image of the hospital locally and internationally.
They have led to a panic among current and potential patients, investors, partners, financiers and donors and resulted in the loss of business for the hospital.
(edited by o. owino)
