BY SAM ALFAN.
A Nairobi court has directed Kikuyu Member of Parliament Kimani Ichung’wah to respond to a defamation suit filed against him by city lawyer Danstan Omari.
Milimani magistrate Caroline Cheptoo directed Ichung’wah to file his response in the suit where Omari is seeking to be paid damages for defamation, in two weeks.
In case the MP fails to respond, the court will proceed and issue judgment against him, in his absence.
Lawyer Omari wants the MP to pay him Sh11 million in damages for allegedly claiming that frequents the infamous Koinange Street.
Omari further says the defamatory tweet is still posted on the MP’s twitter handle @KIMANIICHUNGWAH and unless restrained by the court, he will continue defaming him
“Unless restrained by an order of this honorable court, the Defendant will continue with his defamatory, false and malicious publication unperturbed,” says Omari on his affidavit.
The lawyer says Ichung’wah, who is also the Majority leader in Parliament published the said offensive and defamatory tweet on the 1 of February 2023 “out of malevolence and spite and without justifiable cause thereby discrediting my reputation”.
“The contents of the said tweet published by the defendant on the 1st of February 2023, in its entirety by imputation and innuendo, meant and is understood to mean that I am an immoral person who keeps the company of prostitutes, an allegation that Is totally false and defamatory,” Omari says in his court documents.
The lawyer said the tweet was aimed to destroying his standing and reputation amongst the right thinking members of society and also to subject him to psychological anguish and suffering.
The lawyer who has representing politicians and government officials in court says that the said tweet by the defendant dated 1st February 2023, is also aimed to cause me psychological anguish, embarrassment and suffering by infringing on my right to dignity as expressed under article 28 of the Constitution of Kenya thereby occasioning me loss and damage.
“The impugned tweet by the defendant dated 1 February 2023 has the potential of ruining my family life, me being a married man and a father,” lawyer Omari stated.
He adds that on the 1″ of February 2023 1 appeared on NTV Kenya’s AM LIVE TV show as a commentator on various issues of public importance ranging from politics, law and governance in Kenya.
“A video caption of my sentiments during the interview on the NTV AM LIVE TV show was captured by NTV Kenya and posted on their Twitter handle of @NTVKENYA on the 1 of February 2023.
In this video caption, I am captured saying among other things that: “Retired president Uhuru Kenyatta and Raila Odinga are two serious international figures and that President Ruto is a local president and the likes of Ichung’wah are only known up to Kikuyu Constituency.”
He further states that the MP made a caption and a reply to a video recording of himself that had been posted on defamatory tweet posted by the defendant on his twitter handle of @KIMANIICHUNGWAH on the 1 of February 2023, was in response to my remarks made on NTV’s AM LIVE TV show 1 of 3 February 2023, where I mentioned the defendant in brief.
The lawyer adds that the MP published the said offensive and defamatory tweet on the 15 of February 2023 out of malevolence and spite and without justifiable cause thereby.
Omari has made good his threat to sue the legislator for tweeting that he is known along the infamous street after the MP failed to respond and apologize.
Omari wants legislator to pay Sh11 million in damages for both general and aggravated damages he has suffered as a result of that tweet.
