Kabogo loses bid to stop Waititu from ‘defaming’ him
Kiambu Governor, William Kabogo, has lost a bid to bar Kabete Member of Parliament, Ferdinand Waititu, from commenting or linking him with violent crime and drug-dealing.
High Court Judge, Beatrice Thuranira, ruled that Kabogo had not demonstrated convincing grounds to justify the issuance of an injunction blocking Waititu from uttering alleged malicious propaganda against him.
“Kabogo has not made out a case for the granting of the orders sought in the notice of motion dated April 12, 2016. Consequently, I dismiss it with costs to Waititu,” Justice Thuranira ruled.
The court further ruled that the matter should proceed to full hearing.
The governor sued the legislator for allegedly making defamatory statements concerning him as corrupt, lacking in integrity, a drug peddler and, therefore, undeserving to hold public office.
According to the governor, Waititu allegedly defamed him in a WhatsApp group known as Miriam Spys United States of Kiambu where he posted that together with 14 others, he was banned from traveling to the U.S. in November 2014 for allegedly doing shady businesses .
In the same forum, Waititu is said to have classified Kabogo as a small criminal for selling drugs.
The governor wanted Waititu be held liable for diminishing his reputation and defaming him in the eyes of his peers.
Through his lawyer, Kabogo argued that the words were not only malicious but also defamatory and well calculated to malign his reputation.
However, Waititu has on his part urged the court to dismiss the case arguing that the suit is frivolous and lacks merit.
Waititu noted that the governor was named by the then Internal Security Minister, George Saitoti, as one of Kenya’s drug kingpins based on a report published by the Government of United States of America in 2010.
“There is no jurisdiction conferred upon this court to entertain the suit and the pleas are express time barred having arisen in year 2010,” Waititu argued.
Waititu said the application is an abuse of the court process as there is no lawful claim against him as alleged by Kabogo.
Through his lawyer, Harrison Kinyanjui, the MP argued that Kabogo should have sued the America Government who first connected him “with issues which he claims he was later cleared of”.
The Governor, who had personally testified before Justice Thuranira, had explained that he had never been investigated, charged or convicted of any offences.
As a politician and businessman in clearing and forwarding contracts, cargo transport and real estate, his dealings were legitimate and above-board, he had said.
Kabogo said his political rival’s public utterances had generated widespread adverse publicity and went beyond the frontiers of freedom of expression.
Further, the reckless statements were meant to portray him as undeserving of holding public office and had damaged his businesses, he had said in court papers.
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