Nandi Governor Stephen Sang has14 days to file his defence in a case in which he has been sued by Mombasa Governor Ali Hassan Joho over defamation claims linking him to drugs.
Sang is now expected to file his defence within next 14 days failure to which the judgment will be entered against him.
While granting Sang more time Justice Lucy Njuguna also gave him a last warning after he failed to file his response as earlier directed by the court noting that failure to which the judgment will be entered against him.
Joho, through his lawyer Ken Ochieng, said Sang is on a fishing expedition seeking for information from various authorities so that he can respond to the case.
“It is absurd that the defendant (Sang) belatedly seeks for information on the false slanderous allegations which he ought to have verified before he uttered the the same,” says Joho in the court documents.
On his ground of opposition, the Mombasa Governor said Sang’s application seeking information from several government agencies over ownership of the ship that was destroyed is intended to unreasonably delay the determination of the matter.
“Should Sang fail to enter an appearance within the time mentioned above, the Plaintiff (Joho) may proceed with the suit and judgement may be given in his absence,” read court papers filed by Mombasa Governor.
He dismissed Sang’s pleadings saying they do not require evidence that is sought by fishing expedition.
Joho further claims that Sang was served with the pleadings and entered appearance way back on February 7 this year and has since not filed his responses in the matter.
“It is ludicrous and foolhardy to seek for over two months to be able to defend the statements he uttered,” said Joho.
In addition, he said he believes that a period of seven days was more than enough for Sang to file and serve his statement of defense in any event.
Sang urged the court to give him 30 days to respond on Joho’s application.
Through lawyer Dunstan Omari, Sang says that he required more time to file his defense sighting difficulties in complying with the laws of procedure.
According to Sang, his failure to file his defense within the required timeliness is not his making as he is patiently waiting to be supplied with information from government agencies on the ownership of the ship that was destroyed in 2014, which information will go a long way to assist him in his defense and the court in determining a fair determination.
The Nandi Governor has since written letters through his Lawyer Omari to that Cabinet Secretary Ministry of interior, Inspector General, Director of criminal Investigations, interpol, EACC, Office of the President and the registrar of the Judiciary seeking information that is very rudimentary and vital to his defense.
