William Kabogo has lost a bid to stop Kabete
MP Ferdinand Waititu from issuing statements linking him to violent crime and drug-dealing.
A court ruled on Thursday
that the Kiambu Governor did not present sufficient grounds to justify the issuance of an injunction.
“Kabogo has not made a case for granting the orders sought in the notice of motion dated April 12, 2016. Consequently, I dismiss it with costs to Waititu,” justice Beatrice Thuranira said.
The court further ruled that the matter should proceed to full hearing.
for allegedly terming him corrupt, lacking integrity and a drug peddler, therefore undeserving of holding public office
He claimed the MP
defamed him in
group known as 'MiriamSpys
United States of Kiambu'.
Waititu allegedly posted that Kabogo and 14 others were banned from
the US in November 2014 for allegedly engaging in shady business deals. It was also reported that he
termed the Governor
a "small criminal" who sells drugs.
The Governor wanted Waititu held liable for diminishing his reputation and defaming him in the eyes of his peers.
He argued through his lawyer that the words were not only malicious but also defamatory and that they were well calculated to malign his reputation.
Waititu urged the court
to dismiss the case saying it was frivolous and lacked merit.
He said the late
Internal Security minister George Saitoti named the Governor as one of
Kenya’s drug kingpins based on a report published by the US government in 2010.
“There is no jurisdiction conferred upon this court to entertain the suit and the pleas are time barred having arisen in the year 2010,” the MP said.
Waititu further said the application was an abuse of the court process as there was no lawful claim against him as alleged by Kabogo
Through his lawyer Harrison Kinyanjui, he said Kabogo should have sued the American government which first connected him “with issues which he claims he was later cleared of”.
The Governor, who had personally testified before justice Thuranira, explained that he had never been investigated, charged or convicted of any offences.
"As a politician and businessman in clearing and forwarding contracts, cargo transport and real estate, my dealings are legitimate and above-board," Kabogo
told the court.
The two will vie for the Kimbu county chief seat in
the August 8 general election.