Media personality Mwakideu denies defaming Pastor Burale, seeks case dismissal

Popular media personality and YouTube channel owner Alex Mwakideu has urged the Milimani Commercial Court to dismiss a defamation lawsuit filed against him by Pastor Robert Burale.

Burale filed the suit just over a week ago, seeking Sh20 million in damages and an order to stop Mwakideu TV from airing an interview featuring Rozina Mwakideu, Burale’s estranged wife.

In the interview, Rozina who spoke openly about their troubled marriage, including personal struggles and decisions that allegedly led to its breakdown.

In a detailed affidavit filed in court, Mwakideu vehemently opposed Burale’s request for an interlocutory injunction to restrain the broadcast of the interview.

 He argued that the content is protected under Kenya’s constitutional guarantees of freedom of expression and media rights.

“The interview was conducted fairly, based on truth, and served the public interest,” Mwakideu stated. 

He adds firmly, “Truth cannot defame.”

Through lawyer Dudley Ochiel, Mwakideu, who is a journalist and media owner, argues that he exercises due diligence and editorial caution before airing the content. 

"The Plaintiff(Burale) was not ambushed, misquoted, or unfairly depicted. The interview was a fair, balanced, and neutral production," Ochiel says. 

" As a Christian, I believe in the saying in Proverbs 18:17 that 'there are two sides to every story. The first one to speak sounds true until you hear the other side and they set the record straight.

When I interviewed Burale on Alex Mwakideu TV, Mr Burale and many viewers urged me to invite Rozina Mwakideu to tell her side of the story, which I did as right of reply and fair comment. There was therefore no malice," the affidavit by Mwakideu states in part. 

He emphasizes that the impugned interview was conducted in good faith, within the bounds of professional journalism, and without any malice, exaggeration, or distortion.

"The session featured Rozina speaking about her personal experience and opinion, saying that marrying Burale was the worst decision she ever made and led to the darkest phase of her life. She tried to leave the marriage three times and finally quit after a year. I was therefore shocked to be served with this defamation claim and the request for an injunction," Mwakideu says. 

According to the court papers, Mwakideu denies defaming Burale at all, as the content of the said interview was based on facts. 

"Having thoroughly reviewed the pleadings, I only admit holding and publishing the interviews. I deny defaming Burale. The content of the interview is based on truth. Truth cannot defame. Truth is a complete defence to defamation. The application is, therefore, misguided, premature,
and legally unsupportable," Mwakideu states. 

He emphasized that the channel operates within the framework of the Constitution of Kenya, specifically Articles 33 and 34, which protect free speech and media freedom.

He further asserted that the interview was conducted responsibly, with due editorial caution, and reflected Rozina’s personal experiences and opinions.

 “There was no malice, no distortion. The interview was fair, balanced, and in the public interest,” he said.

Mwakideu also challenged the credibility of Burale’s claim, pointing out that the pastor has publicly discussed his past struggles, including addictions and relationship issues, in his book From the Strip Club to the Pulpit and numerous public forums.

"Robert Burale’s public persona undermines his claim of defamation. Both before and after the interview, he has published a book, From the Strip Club to the Pulpit, and voluntarily engaged the public in interviews, podcasts, and social-media discussions, admitting, at length, the same subject matter he now complained of: addictions, bad debts, strip clubs, pornography, and womanizing,” Mwakideu states in his affidavit. 

"This public record demonstrates that Burale has willingly invited and sustained public
conversations about his history, including during his marriage to my sister Rozina Mwakideu. This public record negates any suggestion that the interview with Rozina defamed him."

Therefore, the media personality contended that Burale’s application does not meet the stringent criteria required for the granting of interlocutory injunctions in defamation matters.

He further noted that Burale’s suit lacks specific particulars of the alleged defamatory statements and that the plaintiff has not exhausted administrative remedies under relevant media laws before resorting to litigation.

Mwakideu pleaded with the court to dismiss the case, stressing that the lawsuit is “misguided, premature, and legally unsupportable.”

In his suit, Pastor Burale has sued his former wife, Rozina Mwakideu, and media personality Alex Mwakideu, seeking Sh20 million in damages over the YouTube interview he alleges defamed him

Burale is seeking conservatory orders to bar the respondents from making further allegedly defamatory statements arising from the YouTube interview titled “My Biggest Mistake Was Marrying Robert Burale.”

“Pending the hearing and determination of this application inter-parte, an order of injunction be issued restraining the respondents, whether by themselves or through agents, from publishing or causing to be published any post or statements defamatory of the plaintiff published on October 4, 2025, by any means, including the YouTube channel under the name ‘Alex Mwakideu,’” the court papers read in part.

Rozina and Alex, who are siblings, have been named as the first and second defendants, respectively.

Burale, a cleric of national repute, claims the interview portrayed him as manipulative, hypocritical, a swindler, and homosexual.

Through his lawyer, Litwaji Mwale, Burale argued that the interview contained false and malicious statements intended to damage his reputation both locally and internationally.

The affidavit also criticized Alex Mwakideu, who has over 67,000 YouTube subscribers and a radio presence, for failing to verify the claims before broadcasting.

“He knowingly encouraged the wide dissemination of these unverified defamatory statements, further aggravating the damage to my client’s reputation,” the court documents read.

Interestingly, the documents note that Mwakideu had previously referred to Burale positively during a September 26, 2025 interview, describing him as a “respectable man and a role model who has made an impact in society.”

Burale is seeking a mandatory and permanent injunction compelling the removal of the video and related posts, a widely publicized apology, and deletion of all re-uploads.

“Pending the hearing and determination of this application and suit, an order of mandatory injunction be and is hereby granted, legally compelling the defendants to issue an unqualified formal public apology through media channels, including the ‘Alex Mwakideu’ YouTube channel,” the papers further state.