Nairobi Governor Mike Mbuvi Sonko wants a defamation case filed by businessman Mike Maina Kamau and his company Muthithi Investment Limited, dismissed.
In grounds of opposition filed in court, Sonko said there is no prima facie case made out within the context of defamation Act to warrant the issuance of the injunction sought by Maina.
Sonko added that the suit does not meet the threshold set for the issuance of the injunction.
“The plaintiff (Maina and his company) imputes that the defendant and third party websites not under the ownership, control or management of the defendant in regard to the alleged publications, which does not prove culpability (if any) of the defendant,” said Sonko.
He said the case is incompetent and abuse of the court process and ought to be dismissed.
The Governor through his lawyer Harrison Kinyajui added that the claim over L.R No. 23917 is the subject to an ongoing case- HCC 457 of 1999, ELC petition 90 of 2018 and ELC petition 1 of 2019 and the businessman is trying to use the court to sanitize an ongoing process in regard to a parcel in dispute.
He added that Maina raised no reasonable demand within the meaning of the law, breach of the civil procedure rules.
Maina, owner of Marble Arch Hotel, accused Sonko of releasing a recording of their phone conversation in which he insulted the businessman, initiating social media attacks, which he claims damaged his reputation and image.
The dispute started in December after Muthithi Investments Ltd, owned by Kamau, started demolishing houses built on 20 acre parcel in Kayole.
Governor Sonko, in a leaked private conversation, threatened to demolish part of the hotel, which he said is built on grabbed land.
Kamau wants the governor ordered to delete a Facebook post in which he allegedly claims that the businessman misled the court using forged documents.
