Professor Tom Ojienda for Nairobi Governor Evans Kidero and Senior Counsel Ahmednasir Abdullahi for Kakamega senator Dr Bonn Khalwale engage on bitter exchange in a courtroom at Milimani law courts on Friday 31 July, 2015.
BY SAM ALFAN.
Senior Counsel Ahmednasir Abdullahi has taken Nairobi Governor Evans Kidero head on over his application seeking to have him disqualified from presenting Kakamega senator Dr Bonn Khalwale.
He said that Kidero has no power to determine who should represent Khalwale in the defamation he filed aginst him.
Ahmednasir told Justice Joseph Sergon, that the application by Kidero is meant to delay the hearing of the main suit in which he enjoys an injunction against the senator.
He said he has nothing personal nor has he ever represented him in any matter before to warrant’s disqualification.
The court heard that the application by the governor is brought in bad faith and the same should be dismissed.
Justice Sergon ordered Khalwale to desist from making any defamatory statements concerning Kidero in relation to the management of Mumias Sugar Company Limited.
Kidero through Lawyer Professor Tom Ojienda filed civil suit accusing Khalwale of slandering him as corrupt, swindler, fraudster, white collar criminal, Scheming conspirator and undeserving of holding public office.
The lawyer had told the court that Khalwale has continued to engage in bad publicity, character assassinations and incitement of public spite against Kidero
Kidero says by reason of the said defamatory words by Khalwale, he risks to attract public spite from the public, particularly among residents of Nairobi County who Kidero serves as their Governor and investors of Mumias Sugar company limited where he serves as the Managing director with unmatched success.
The Nairobi Governor argues that on June 24 while at Mumias Comples, Kakamega County, during the Presidential visit to Mumias Sugar Company limited Khalwale maliciously recklessly and without any justification slandered him saying.
“Mumias did not just die. I want you Mr. President as you consider bringing more money, you pursue the criminals who stole from Mumias, na prefect wao mheshimiwa, prefect ya hao criminals, is the Governor of Nairobi County, Dr. Evans Kidero.”
Further on his Twitter handle, Khalwale between 24 June and 29 June this year maliciously, recklessly and without any justification defamed Kidero
Kidero says when he joined MSC, he found a rundown Company that was on the verge of collapse and that in the previous financial year had made a loss of Shs 244 million which can easily be ascertained from the company audited and published financial statements from the year 2002/2003.
The lawyer submitted that with dedication and support that he received from the Board of Directors and management team of the company, MSC became a success story till the time he left the company.
” The entire period that I managed MSC, the financial statements of the company were duly audited and published to help any person interested in the affairs of Company can assess and determine their transactions and management.” The court heard.
