Burale Vs Mwakideus: Court restrains further publication of viral interview

A Nairobi court has issued temporary orders restraining media personality Alex Mwakideu and his sister Rozina Mwakideu from making any further publications relating to pastor and motivational speaker Robert Burale, pending the determination of a defamation case filed against them.

Chief Magistrate Thomas Nzioki of the Milimani Commercial Courts on Tuesday directed that the two defendants refrain from posting or sharing any additional statements or content touching on Burale on any social media platform.

The order follows an application filed by Burale dated October 27, 2025, in which he sought an injunction to prevent continued reference to a viral interview published earlier this month on Alex Mwakideu’s YouTube channel.

In the video, Rozina spoke at length about her former marriage to Burale, making a series of personal allegations that the pastor argues were defamatory and injurious to his reputation.

“Pending the hearing and determination of the application, the defendants are hereby restrained from any further publication of the complaint or impugned video in the link and/or in any other social media platform,” the court ruled.

Burale’s defence counsel told the court that the continued sharing and discussion of the video had caused significant reputational harm. 

He urged the court to issue temporary relief to curb the spread of the content as the matter proceeds to a full hearing.

In response, lawyers for the Mwakideus opposed the injunction, saying their clients had acted within the limits of freedom of expression and public interest. 

They said Rozina’s statements in the interview were “truthful, justified, and drawn from her lived experience” as Burale’s former spouse.

According to court records, both Alex and Rozina Mwakideu have filed documents asserting the defences of justification and public interest, maintaining that the words complained of were substantially true. 

"In both of these affidavits for Alex and Rozina Mwakideu, which we have placed, the defendants take the plea of justification, fair comment and public interest," the defence lawyer stated.

The court heard Rozina also attached email exchanges allegedly shared between her and Burale during their marriage to support her statements.

“She says what she said in the interview is justified, and we know truth is a complete defence to defamation,” the defence lawyer submitted on Tuesday.

While issuing the interim orders, Chief Magistrate Nzioki clarified that the restraint applies only to new or further publications and not to existing materials already online, emphasizing the need to preserve the status quo until the court determines the full application.

The court also directed that both parties file and exchange written submissions within 30 days from Tuesday’s ruling. 

The case will be mentioned on February 25, 2026, to confirm compliance and progress on the application’s hearing.

While issuing the interim orders, Chief Magistrate Nzioki clarified that the restraint applies only to new or further publications and not to existing materials already online, emphasising the need to preserve the status quo until the court determines the full application.

Burale, a public speaker and televangelist, filed the case seeking Sh20 million in general and aggravated damages for defamation. 

He argues that the video has injured his moral standing and credibility in ministry, while the defendants insist their content served the public interest and was not malicious.

For now, the order effectively stops the Mwakideus from making any new statements or posts about Burale as the court prepares to hear the defamation suit in full.