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Court allows Kesses MP to file contempt case against Alai

Wednesday April 14 2021

Justice Sergon says Mishra's application was arguable based on facts presented before him.

File | Nation Media Group

IN SUMMARY

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The High Court has allowed Kesses MP Swarup Mishra to file contempt proceedings against blogger Robert Alai for allegedly making disparaging comments against judges over a pending case.

Justice Joseph Sergon said the application by Dr Mishra was arguable based on the facts presented before him.

"Having considered the grounds stated on the face of the motion dated 9th April, 2021 plus the facts deponed in the supporting affidavit of Dr Swarup Ranjani Mishra, I am convinced that the applicant has shown a prima facie case," the judge said.

The judge gave the MP, who is also the owner of Mediheal Hospital, 14 days to file contempt proceedings against Mr Alai.

Dr Mishra said he filed the case and obtained orders barring the blogger from making any further comments about him and the hospital.

Tweeting spree

However, on learning of the said orders, Mr Alai allegedly went into a tweeting spree, accusing the judges of receiving bribes to issue the order.

"Twitter posts by the respondent purport to castigate or intimidate the aforesaid judges and to have them pre-judged by the public," Dr Mishra said in an affidavit.

He said the castigation of the Judges and the accusations of corruption without any evidence is calculated to interfere with and prevent the course of justice.

Last week, Justice Mbogholi Msagha stopped Mr Alai from publishing defamatory words against the hospital and its founder. 

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Dr Mishra said the blogger has been spreading false information about the hospital. 

The Kesses MP says the allegations by Mr Alai were denting the image of the hospital locally and internationally.

He said the posts on Facebook and Twitter have led to panic among current and potential patients, investors, partners, financiers and donors, resulting to loss of business and opportunities, which is hurting the hospital irreparably. 

“Unless a restraining order is issued, Alai will continue to spread malicious falsehoods about the hospital leading to economic loss, and a dented image which for a hospital is quite critical,” he argued.

He said the tweets were accessible to over 1.6 million people who are his followers on his Twitter accounts and millions of others through retweets and forwards.

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