BY NT CORRESPONDENT.
An attempt by COTU Secretary General Francis Atwoli to have a defamation suit filed against him by former NHIF director Richard Kerich dropped has been denied.
Justice Mbogholi Msagha said the reasons advanced by Atwoli seeking to dismiss the suit did not meet the threshold as required by law.
Mr Kerich says that the suit should be allowed to go on because the accusations by Mr Atwoli injured his person.
Justice Mbogholi held that prolonged anxiety and the risk of losing witnesses does not outweigh the prejudice to be suffered by the applicant (Kerich) if the suit was to be dismissed.
“I am persuaded that the suit should be sustained for hearing for the interests of justice. In the end, this application fails” ruled Judge Msagha.
“Interest of justice demand that the delay in prosecuting a matter ought not be the sole consideration in determining the suit as provided for in Article 48 on access to justice and Article 50 on the right to a fair hearing,” he said.
The court further stated that any prejudice Atwoli may suffer can be compensated by way of costs.
Mr Kerich said that the suit should be sustained for hearing for purposes and interest of justice.
Kerich as a result of the accusations was charged over the loss of millions at NHIF, which he was later discharged.
He said he had filed relevant documents required to sustain his complaint against Atwoli.
Judge Mbogholi directed that the parties take dates for pre-trial directions within 30 days.
