Mombasa speaker Aharub Khatri wants Coast regional coordinator Nelson Marwa joined in his defamation suit.
The speaker, in an appeal filed at the Mombasa law court which was heard on Thursday, wants the administrator punished as an individual for calling him a suspected drug baron.
Khatri had sued Marwa in January last for calling him a suspected drug baron during a press conference with Mombasa journalists.
However, Judge Njoki Mwangi struck out Marwa's name from the suit.
She said Marwa had uttered the words as a public officer and not at a personal level.
In her ruling, Mwangi replaced Marwa with the attorney general and further allowed the joinder of the office of the Director of Public Prosecution.
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But Khatri, through Balala and Abed Advocates, told the three-judge bench that Mwangi erred in striking out Marwa’s name from the suit.
The speaker says judge Mwangi erred in law and fact in failing to appreciate the cause of action in the suit is for defamation by Marwa.
He further stated during the hearing that he wants compensation for defamation and an apology from the administrator.
The speaker said he does not want to be compensated using taxpayers money yet the crime was committed on a personal level.
But the office of the DPP and AG urged the appeal judges to dismiss the appeal as it lacks merit.
Assistant DPP Alexander Muteti said the trial judge was satisfied that the utterances were made during an official duty.
He said with that in place, the judges should put into consideration that all government officials are represented by the AG.
Muteti said the regional co-coordinator had not refuted the allegation of making such utterances but has maintained that he did that while on official duties.
The DPP said the entire suit was choreographed to subject Marwa to public odium, contempt, and besmirch his character as a dedicated public servant.
He said Khatri was out to settle personal scores.