BY SAM ALFAN.
Siaya Governor James Orengo has urged the court to dismiss a defamation case filed against him by the mother of former Kisii Governor James Ongwae, arguing that it has no legal basis.
Governor Orengo told the Kisii Magistrate Court that the defamation suit filed by Grace Moraa Ongwae lacked legal and factual foundation and should be dismissed.
Moraa sued Governor Orengo over a statement he issued regarding her son as the former Kisii county boss.
She sought a permanent injunction restraining Orengo, his servants or agents from further remarking or causing to be published words defamatory of her.
Moraa also sought an order directing Orengo to publish and upload a clear apology of equal prominence to her with equal national coverage and payment of damages for slander.
Orengo, however, told the court to dismiss the case.
“It is not true that the Moraa’s reputation was injured, disparaged and lowered in the eyes of the general public and right-thinking members of the society. Neither did the words expose her or any other person to hatred, contempt, scorn, mockery, or to ridicule by any person,” Orengo told the court.
He denied that the statement caused any damage to Moraa and further dismissed claims that she received numerous telephone calls from persons in shock and disappointed by the humiliating address delivered by Governor Orengo.
Orengo denied the claim by Ongwae’s mother that he jeopardized her social standing and relationship with the residents of Kisii County.
“I have watched the video clip supplied by Moraa. With regards to the said video clip and the statement made on 17th February 2023 and its alleged publication, I avers that the video clip has deliberately left out my entire speech which was brief, failing to give an accurate and holistic context of the words uttered by me,” Orengo told the court.
The Governor further denies ignoring demand and notice of intention to sue for a public apology and retraction of the said alleged defamatory statement he made and has failed, refused or failed to retract his derogatory statement and make a public apology.
The Siaya County boss argues that the words complained of were not derogatory in nature and were not meant to denigrate, discredit or embarrass Ongwae’s mother, as alleged in the suit and in any other part of the plaint.
He denies each and every of the Particulars of “Malice, falsehood and recklessness” set out in the plaint, and puts Ongwae’s mother to strict proof of her allegations.
He further adds that she did not publish the video clip and or any other related publication, the video clip and or publication complained of does not concern or refer to the Moraa and the video clip and or publication complained of was not defamatory in character.
“The video clip and or publication was neither done falsely, maliciously nor recklessly and neither the Plaintiff nor any other person has suffered special or any other damages in relation to the words complained of, the video clip and or any other related publication,” Orengo told the court.
