•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.
•Omari said he is also falsely and maliciously associated with Koinange Street so as to paint a picture of him being an immoral person.
Image: HANDOUT
Kikuyu MP Kimani Ichung'wah has been summoned over a defamation suit filed by lawyer Danstan Omari.
In the summons notice dated May 11 from the Chief Magistrate commercial court administrator, Ichung'wah is required within 15 days from the date of service to enter an appearance in the said suit.
"Should you fail to enter an appearance within the time mentioned above, the plaintiff may proceed with the suit and judgement may be given in your absence," the notice read in part.
The summons is addressed to Osogo, Onyiego and Manyara advocates.
The case will be heard on June 27.
On April 27, Omari sued the MP and sought to be paid Sh11 million in damages for allegedly saying he frequents the infamous Koinange Street.
Omari 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.
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.
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 wanted Ichung'wah restrained from further publishing or causing to be published words defamatory to him.