Lawyer Danstan Omari now says the former IEBC chairman Wafula Chebukati will lose if he ends up suing Azimio leader Raila Odinga.
Weighing on the matter during an interview with NTV on Wednesday, Omari said the defences against defamation are about proof, justification and public office.
"Chebukati was holding a public office. Based on that, anybody will tell him whatever he wants to be told. No court is going to award him anything," he said.
"If he'll be given damages, he will be given nominal damages of 'one' or 'two' shillings, " the Azimio lawyer added.
Omari further said there was a need to advise the ex-IEBC chairman that he has no recourse in a court of law since he held the aforementioned office.
He maintained that Chebukati could only use the recourse for defamation if he held a private office.
"These are the realities of the law. That matter is playing into the hands of Azimio," he said.
Regarding a response to Chebukati's letter, Omari said the Azimio team will respond to it in court.
"They have given seven days. Six days remaining. Let them file the matter. We will respond appropriately in court and we will produce that evidence," he said.
His remarks come a day after lawyer Steve Ogolla, on behalf of Chebukati, issued a demand letter to Raila asking for the release of video footage of the former chairman's visit to his home within seven days.
Raila had, during the Sunday Jacaranda rally, said Chebukati and former Commissioners Abdi Guliye and Boya Molu visited his home before the General elections.
The chief opposition leader also said the commissioners asked him for something small and that he has proof of it.
Chebukati however denied the claims by Raila.
In case the given days pass without Raila giving in to the demand, Chebukati's lawyers will be forced to take legal action.
"In doing so, we shall take such action as necessary to protect our client's right to access to information by dint of Article 35(1)(b) of the Constitution without further reference to you whatsoever, holding you liable for costs and any other consequences which may arise therefrom," Ogolla added.
