The Milimani law courts yesterday turned into a battlefield when Nairobi Governor Evans Kidero’s supporters clashed with those of Kakamega Senator Bonny Khalwale over a defamation suit arising from the Mumias Sugar Company financial woes.
Riot police lobbed teargas and fired live bullets to disperse the rowdy crowds.
The scene turned ugly when one of Khalwale’s supporters teased Kidero’s faction, saying they were cowards and should face the knife.
The group then started throwing stones and chanting words, provoking Khalwale’s team to a fight.
Star photojournalist Philip Kamakya was injured in the melee.
He bled from a head injury and his camera was damaged.
The chaos ensued after Justice Joseph Sergon issued fresh orders stopping Khalwale from making any defamatory statements against Kidero.
The judge said since the orders were not issued within the stipulated timeline, he was constrained to issue them afresh.
He said there is no dispute Kidero made an effort to serve Khalwale within the stipulated time.
Sergon said there was evidence to show there were attempts, through the process server, to trace Khalwale without any success.
Khalwale wanted the orders lifted, saying he was not properly served.
In the case, Kidero has accused Khalwale of slandering him as “corrupt, swindler, fraudster, white collar criminal, scheming conspirator and undeserving of holding public office”.
He says Khalwale continues to engage in bad publicity, character assassination and incitement of public spite against him.
The Consumer Federation of Kenya also filed an application seeking to be enjoined in the case.
Cofek says the proceedings have the potential to reduce a matter of “monumental public interest” such as the collapse of the largest sugar company to a defamation suit between Khalwale and Kidero.
It says the outcome of the case has the potential to prejudice sugar consumers and overall public interest.
“Drifting the case to a defamation suit without substantively investigating Kidero’s role in the collapse of Mumias Sugar Company, where he was a CEO for nine years, is likely to affect the parallel investigations carried out by the audit firm, KPMG East Africa, the National Assembly and other competent agencies,” Cofek says.
The case will be heard on July 31.
