Majority Leader Kimani Ichung’wah has faced a legal blow after the High Court dismissed his bid to halt defamation proceedings filed against him by prominent city lawyer Danstan Omari.
In a ruling on Thursday, the court also directed Ichung’wah to cover Omari’s legal costs.
Justice Thropsisa Cherere denied Ichung’wah’s application to stay the proceedings, stating that the legislator had failed to demonstrate how continuing the case would cause him irreparable harm.
The judge also stated that if Ichung’wah’s appeal is eventually successful, the court will still be able to grant appropriate remedies without disrupting the ongoing legal process.
“The application seeking a stay of proceedings is disallowed,” Justice Cherere declared in her ruling.
Ichung’wah had approached the High Court in an attempt to overturn an injunction issued by Magistrate C.K. Cheptoo.
The injunction barred Ichung’wah from publishing or republishing any defamatory content about Omari on any platform and also ordered him to cover Omari’s legal expenses in the case.
Danstan Omari’s legal team accused Ichung’wah of trying to delay the proceedings and avoid testifying in court.
“The stay of proceedings is a lazy attempt by the appellant to evade accountability. Even the trial court acknowledged that our suit in Civil Case E1841 of 2023 has a high probability of success,” Omari argued.
He urged the court to maintain the orders preventing Ichung’wah from making defamatory statements, asserting that the legislator would suffer no prejudice unless he intended to continue publishing harmful content.
Ichung’wah, represented by his lawyer Cecil Miller, had sought to challenge the injunction. However, the High Court’s decision paves the way for the defamation suit to proceed without further delay.
