Kikuyu MP Kimani Ichung’wa says the press statement he issued in January on illicit drug trade was not directed at Mombasa Governor Ali Hassan Joho.
In response to a defamation suit, Ichung’wa has denied that the press statement was malicious. He says it was made as an opinion.
Joho is seeking exemplary and aggravated damages. He says he has suffered a loss to his reputation. But Ichung’wa argues that the governor has suffered nothing to warrant any grant of damages.
“If any publication was done following the press release, then the publication was a fair comment and contained a matter of public interest," he says.
"I have no authority to cause the press release to be published in print or electronic media or whatever platform and I want to put Joho to strict proof.”
Joho, in his suit papers, had claimed that the statement was malicious and calculated to malign him. He says his attention was drawn to a video clip of Ichung’wa who had called a press conference purposely to comment or make statements with innuendos about him.
The statement, according to Joho, meant to demonstrate to society that he is a cheat, a thief and a corrupt individual who is unfit to hold public office.
"They were also meant to mean that I am involved in the illegal business of trafficking drugs and that I'm a drug trafficker who is responsible for the wasting and deaths of the Kenyan youths arising from drug abuse,” court documents read.
Three other politicians — Nandi Governor Stephen Sang’, Kimilili MP Dismus Wekesa and Kapseret MP Oscar Sudi — made similar statements.
Joho says Ichung’wa knowingly and maliciously broadcast the statement because he believed his political gain would outweigh the damages that could ultimately be awarded to him.
He believes the lawmaker was not motivated by the desire to convey the truth to the public but by extreme malice and hatred — "all calculated to injure my personal image and good character".
Yesterday, the deputy registrar of the High Court, Wandia Nyamu, directed that Joho serves Ichung'wa and the court with the video clip containing the defaming statements within seven days.
The case will be mentioned on August 1 to confirm compliance.
(Edited by F'Orieny)
