Senior Counsel Gitobu Imanyara for Martha Karua lawyer Danson Mungatana for Gatundu South Member of Parliament Moses Kuria before justice Sergon during the hearing of a preliminary objection seeking orders issued against MP Kuria from defaming Martha Karua from linking her with procurement of ICC witness vacated.
BY SAM ALFAN.
Gatundu South Member of Parliament Moses Kuria has applied to have defamation suit filed against him by Martha Karua dismissed.
The MP told the court, that he stands by what he said about Karua’s involvement in authoring a letter implicating deputy president William Ruto with crimes against humanity.
Justice Joseph Sergon heard that Karua was a senior member of PNU who took part in the negotiation with ODM to cool down their supporters during the post election violence of 2007.
The MP through his lawyer Danson Mungatana, said he did abuse or accuse Karua what he told a public rally and a press conference at Parliament building was only to remind Kenyans what happened during the PNU and ODM negotiation.
Imanyara told the court that applicant (Karua) her reputation stands to suffer if the MP is not restrained from making statements in public.
“In my view the defendant has not placed any material before this court to stop previous orders issued by this court” Imanyara told the court.
Words uttered by Kuria have maligned the reputation of the applicant which portray her as a corrupt public officer unworthy to hold public trust.
The phrase “attack dogs” which is quoted out of context does not justify you vacate the order you made. The phrase is popularly used in the political arena” said Imanyara.
Lawyer Mungatana responded by saying preliminary objection filed by Moses Karua is defective.
“The Preliminary Objection is saying the application is defective and needs to be dismissed with cost and the orders sought in the Karu’s application are defective” said Mungatana.
The lawyer said that the MP is justified and there is no defamation suit which the court is being asked to issue an injunction against him.
The court heard that even ODM wrote letter through Professor Anyan’g Nyongo to Hague over the post election violence.
” It’s true that there were various meetings in PNU tio craft the way forward, not restricted to but also included a meeting at Galileo to draft a letter to ICC and also prepare witnesses to support the Party. the lawyer said.
The judge will deliver the ruling on October 30 as to whether to dismiss the defamation suit as prayed by Kuria.
Karua says the MP had on 20 September 2015 uttered statements to the effect that he and Karua authored a letter in which they implicated Deputy President William Ruto for crimes against Humanity at the International criminal court ICC.
She argues that the statements by Kuria were designed to embarrass and caste her in negative on the public right.
.Kuria according to court documents further added that he and Karua had procured witnesses to testify against DP Ruto.
“On 20th September, 2015 at a Political meeting disguised as a prayer meeting for the Deputy President, the Respondent stated that he, together with the Applicant drafted a letter implicating the Deputy President for Crimes against Humanity at the International Criminal Court”
Kuria stated at press conference, that he, Karua and others at club Galileo in Westland met to fix DP Ruto by recruiting witnesses to testify at ICC against Ruto
Court will deliverer the ruling on 30 0f October.
