Ichung’wah summoned in court over alleged defamation of lawyer Danstan Omari
National Assembly Majority Leader Kimani Ichung’wah has been ordered to appear in court in a defamation suit filed by lawyer Danstan Omari.
In the summon dated May 11, the Kikuyu MP has 15 days to enter an appearance or the suit will proceed in his absence.
“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 Given and issued under my hand and the Seal of the Court,” the summon reads in parts.
Milimani Law Courts Commercial Principal Magistrate Caroline Cheptoo directed the suit filed by Omari to be mentioned on June 26.
Omari sued the MP over a tweet he made allegedly saying he frequents the infamous Koinange Street.
Through his lawyer Brian Mabeya, Omari claims the tweet by the legislator was defamatory by way of innuendo, intending to paint a false picture that he is an immoral person who keeps the company of prostitutes.
He wants the court to issue an order restraining Ichung’wah from writing, producing, broadcasting and publishing or republishing defamatory information on any medium and in any manner whatsoever about him.
“Scales of justice tilts heavily in favour of the grant of the injunctive orders to afford the Applicant an opportunity to ventilate his grievances in this Honourable Court,” states Omari’s lawyer in court documents.
In his petition, Omari wants Ichung’wah to pay Ksh11 million in damages for both general and aggravated damages he has suffered as a result of that tweet.
Ichung’wah allegedly tweeted “Phew! At least am known in Kikuyu by my people unlike the fake media-based liar only known along Koinange Street.”
According to Omari, the said tweet was offensive and defamatory and was out of malevolence and spite and without justifiable cause thereby discrediting his good way and his reputation.
He also claims the tweet has also had the effect of potentially ruining his life by planting seeds of doubt and hate in the hearts and minds of people since he is a married man.
The city lawyer argues that he has been a lecturer of law, an advocate for several years and a known commentator on various public issues in the media.
According to court documents, he says the said tweet was also aimed at subjecting him to psychological anguish, embarrassment and suffering by infringing on his right to dignity thereby occasioning loss and damage.