National Assembly Majority leader Kimani Ichung'wah has threatened to sue city Lawyer Danstan Omari if he does not reinstate the defamation case filed at the High Court last month.
In a demand letter to Omari, Ichung'wah through lawyer Cecil Miller claims that the matter which is now before the magistrate court was filed at the High court and later withdrawn.
In the case, Omari sued Ichung'wah asking for Sh11 million in aggravated damages for a tweet made by the latter claiming the lawyer visits Koinange Street.
However, in directions issued on April 26, Justice Visram Aleem Alnashir transferred the matter to the magistrate court.
“This being a defamation matter, I direct that the same be transferred to the Chief Magistrate court for further directions” the order reads.
Omari’s lawyers then withdrew the matter on April 27 and filed the same before the chief magistrate’s court which has since directed Ichung'wah to enter an appearance in the suit or judgement will be entered without him.
The case before the magistrate’s court will be heard on June 26
But, in the demand letter, Ichung'wah has given Omari seven days to reinstate the suit that was at the High Court failure to which, he will sue him for defamation.
“We demand that you reinstate the suit within seven days from the date herein to allow our client to have his day in court or you inform the media that you withdrew the suit against him upon which we shall address you on the issue of quantum of damages payable to him,” the letter reads.
Miller says that failure to comply with the above demand within seven days from May 12, will result in the lawmaker filing a suit against Omari for defamation.
Miller says that the details of the said suit were published in the Star Newspaper on May 12 with the headline ‘Court summons Ichungwa in 11 M Omari defamation suit’.
“Wherein it was quoted in the article that our client published offensive and defamatory tweet out of malevolence and spite without justifiable cause thereby discrediting your (Omari) good way and reputation,” the letter reads
Miller alleges that Omari withdrew the suit in its entirety on April 27 but maliciously forgot to inform the media of the same.
“This in essence is defamatory to our client of his character, reputation and standing in society. The said notice of withdrawal is attached for ease of reference,” the letter states.
He claims that the filing of the said suit and immediately thereafter withdrawal of the same was malicious and calculated to injure, disparage and lower the esteem with which the right-thinking members of society in general regard and hold the legislator.
