BY SAM ALFAN.
Kiambu Governor William Kabogo has lost a bid to silence Kabete Member of Parliament Ferdinand Waititu over allegations made last year implicating him with violent crime and drug-dealing.
High Court Judge Beatrice Thuranira ruled that Kabogo had not demonstrated convincing grounds to justify the issuance of an injunction blocking Waititu from uttering alleged malicious propaganda against him.
“I am of the view that the interests of justice will best be served in this case by proceeding to a full trial. Kabogo has not made out a case for the granting of the orders sought in the notice of motion dated April 12, 2016. Consequently, I dismiss it with costs to Waititu,” Justice Thuranira said.
Kabogo, who was represented by lawyer Issa Mansour, had claimed he was aggrieved by Waititu’s claims that he was involved in shady deals. The allegations were false and meant to tarnish his reputation, he had protested.
The Governor, who had personally testified before Justice Thuranira, had explained that he had never been investigated, charged or convicted of any offences. As a politician and businessman in clearing and forwarding contracts, cargo transport and real estate, his dealings were legitimate and above-board, he had said.
Kabogo said his political rival’s public utterances had generated widespread adverse publicity and went beyond the frontiers of freedom of expression. Further, the reckless statements were meant to portray him as undeserving of holding public office and had damaged his businesses, he had said in court papers.
Waititu, who was represented by lawyer Harrison Kinyanjui, had urged the court to dismiss the application and dismissed Kabogo’s assertions as frivolous and an abuse of the court process. He said the suit was time-barred since the allegations against Kabogo were made in a report published by the United States Government in 2010.
