Lawyer Omari sues Ichung'wah, demands Sh11m for damages

Says pay is for aggravated damages suffered as a result of the 'defamatory' tweet

In Summary
  • His lawyer argues that Omari has been greatly injured in character and reputation as a consequence whereof he has been brought into grave public ridicule.
  • Ichungwa is alleged to have tweeted “Phew! At least am known in Kikuyu by my people unlike the fake media-based liar only known along Koinange Street.”
Lawyers Danstan Omari and Brian Mabeya address journalists at Kahawa Law Courts on April 3, 2023.
Lawyers Danstan Omari and Brian Mabeya address journalists at Kahawa Law Courts on April 3, 2023.
Image: FILE

City lawyer Danstan Omari now wants Kikuyu MP Kimani Ichung'wah to pay him Sh11 million in damages for allegedly saying he frequents the infamous Koinange Street.

Omari has made good his threat to sue the legislator for tweeting that he is known along the infamous street.

The advocate through his lawyer Brian Mabeya had written a demand letter to Ichung'wah giving him seven days to retract and apologise but he refused.

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In his petition to the court, Omari wants Ichung'wah to pay Sh11 million in damages for both general and aggravated damages he has suffered as a result of that tweet.

Ichungwa is alleged to have tweeted “Phew! At least am known in Kikuyu by my people unlike the fake media-based liar only known along Koinange Street.”

Mabeya claims that the tweet was defamatory by way of innuendo, knowing fully well that the insinuation Ichung'wah made against Omari was untrue.

“He published the said offensive and defamatory tweet out of malevolence and spite and without justifiable cause thereby discrediting the good way and the reputation of the plaintiff,” court papers read.

He further says that the said tweet has also had the effect of potentially ruining Omari’s life by planting seeds of doubt and hate in the hearts and minds of people since he is a married man.

In his affidavit, Omari argues that the said tweet was meant and understood to mean that he is an immoral person who keeps the company of prostitutes notwithstanding that he has been a lecturer of law, an advocate for several years and a known commentator on various public issues in the media.

Omari said he is also falsely and maliciously associated with Koinange Street so as to paint a picture of him being an immoral person who keeps the company of prostitutes.

According to court documents, the said tweet by Ichung'wah is also aimed at subjecting him to psychological anguish, embarrassment and suffering by infringing on his right to dignity thereby occasioning him loss and damage.

Mabeya argues that Omari has been greatly injured in character and reputation as a consequence whereof he has been brought into grave public ridicule, sandal, odium and contempt in the eyes of right-thinking members of the society

Omari wants Ichung'wah restrained from further publishing or causing to be published words defamatory to him.

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