BY SAM ALFAN.
A judge has rejected an application by former Chief Justice David Maraga to cross-examine veteran lawyer Ahmednasir Abdullahi in a defamation case.
Justice Janet Mulwa declined to allow the former CJ to cross-examine senior counsel Abdullahi saying the matter can be addressed during the trial.
The former CJ wanted to cross-examine the lawyer over certain paragraphs in a case he has sued Ahmednasir over allegations he made on his social media X.
Judge Mulwa ruled that if she was to allow the cross examination of Ahmednasir at the interlocutory stage there will be nothing left for trial as he will in effect have testified to his defense leaving nothing at the main trial.
The judge said the paragraphs sought for cross examination go to the root and merit of the suit between the parties.
“To that extent therefore, the court is not persuaded that Maraga has laid a legal basis and foundation to justify the orders sought,” ruled Judge Mulwa.
Ahmednasir had opposed Maraga’s application.
“Maraga obviously has no intention of concluding this matter and is enjoying interim orders made in his favor thus making such a frivolous application to cross examine me at this Interlocutory stage,” Ahmednasir said.
He termed the same as an abuse of the court process, ought to be dismissed with costs to be personally borne by Ochieng Oduol, Advocate having conduct of this matter on behalf of Maraga as punitive measure.
“The application is collateral and is being made as a result of Ochieng Oduol’s personal vendetta against me and my law firm because of various litigations we have handled on behalf of our respective clients. This is evidenced by his unlawyerly decorum in court as well as the application before this Honorable Court,” state Ahmednasir in his reply to the application.
According to Ahmednasir, Oduol has stated in court papers that he is not in good terms with me. The same is explained in the court proceedings referred to hereinabove.
“I will at the opportune time call Ochieng Oduol as a witness in this matter to confirm the averments he made to me about his client, the Plaintiff herein touching on his integrity as a judicial officer,” he added.
“Oduol is attaining a collateral purpose to vex me in these proceedings,” Ahmednasir claims.
He adds that Oduol is personalizing the proceedings as a contest between himself and me and is abusing the court process to settle personal scores with me.
“What Maraga is seeking to do is conduct a full trial and go into the merit of the matter before this Court, which is not only vexatious but an abuse of the court process. If this Court allows the cross-examination, it will result in the trial of the suit in its entirety at an interlocutory stage,” said Ahmednasir.
He adds that Maraga has failed to establish exceptional circumstances that would warrant me to be cross-examined his replying Affidavit sworn on 1 November 2021.
“Maraga filed an application seeking certain orders to which I filed my replying affidavit in opposition thereto and in response. The statements which I deponed in my Replying Affidavit are truthful statement of facts and made in defense of the allegations of defamation being levelled against me,” he added.
He further adds that the Replying Affidavit has not contravened the provisions of Order 19 of the Civil Procedure Rules.
