- National Assembly leader of the majority, Kimani Ichung’wah, suffered a setback in his attempt to stop a defamation case against him
- Ichung’wah was sued by city lawyer Danstan Omari after he allegedly linked him to the infamous Koinange Street
- The MP had filed an appeal at the High Court which on Thursday, March 6, ruled that the application had no merit
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National Assembly leader of the majority Kimani Ichung’wah has lost a case in which he wanted the court to stop defamation proceedings filed by city lawyer Danstan Omari.
Kimani Ichung’wah’s ‘Koinange street lawyer’ remark
Omari had sued the Kikuyu Member of Parliament for allegedly linking him to the infamous Koinange Street.
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The magistrate’s court later prohibited the MP from making any comments, be it verbal or on social media, about the lawyer until the case is resolved.
However, Ichung’wah moved to the High Court seeking the case to be halted and the injunction lifted.
But on Thursday, March 6, Justice Thripsisa Cherere dismissed the application with costs.
She ruled that the legislator failed to demonstrate how the continuation of the suit against him will occasion him irreparable harm.
“The appeal, if successful, can still be accommodated through appropriate remedies without necessarily halting the trial process. In light of the foregoing analysis, I find that the applicant has not met the threshold for the grant of an order for stay of proceedings,” the court ruled.
“Accordingly, the notice of motion dated February 10, 2025 is dismissed with costs to the respondent,” it added.
Why Danstan Omari sued Kimani Ichung’wah
In his initial suit, Omari claimed that Ichung’wah portrayed him as an immoral man by referring to him as a Koinange Street lawyer.
Through his lawyers from Musyoki and Mogaka Advocates, Omari said the tweet has the potential to ruin, not only his legal career, but also his family and marriage.
“The impugned tweet by the defendant dated February 1, 2023 has the potential of ruining my family life, me being a married man and a father,” Omari lamented.
He is seeking a KSh 11 million compensation for defamation.
Magistrate C.K. Cheptoo had prohibited Ichung’wah from producing, broadcasting, publishing, or republishing any defamatory content about Omari in any form or on any platform until the defamation case was heard and determined.
Ichung’wah, represented by lawyer Cecil Miller, had appealed the injunction.
However, Omari opposed the request, arguing that the orders did not hinder the appeal hearing and that the MP had failed to demonstrate any solid reason why proceeding with the case would cause him prejudice.
“The request for a stay of proceedings is a desperate attempt by the appellant to avoid testifying and to escape embarrassment, knowing he cannot defend himself. The trial court already recognized that our case has a strong chance of success, which is why the orders were made in our favour,” the lawyer argued.
Danstan Omari sues local bank
Previously, TUKO.co.ke reported that Omari had also sued a local bank after it allegedly listed him on the Credit Reference Bureau (CRB).
The lawyer said the bank has erroneously placed him on CRB list despite having cleared his loan.
He said the CRB listing had affected him mentally, and was likely to have a negative impact on his political aspirations, as he prepares to vie for the Nairobi county senate seat.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
