The High Court has rejected an application by National Assembly Majority Leader Kimani Ichung’wah to stop defamation proceedings filed against him by prominent city lawyer Danstan Omari. In its Thursday ruling, the court also ordered Ichung’wah to cover Omari’s legal costs.
Justice Thropsisa Cherere ruled that Ichung’wah failed to prove how the continuation of the case would cause him any irreparable harm. The judge noted that should Ichung’wah’s appeal eventually succeed, the court would still be able to offer appropriate remedies without interfering with the ongoing process.
“The application seeking a stay of proceedings is disallowed,” Justice Cherere declared.
Ichung’wah had approached the High Court seeking to overturn an earlier injunction issued by Magistrate C.K. Cheptoo. This injunction barred him from publishing or republishing any defamatory content about Omari and required him to cover the lawyer’s legal expenses.
Omari’s legal team accused Ichung’wah of attempting to delay the case and avoid taking the stand. They argued that the stay of proceedings was merely a tactic to evade accountability.
“The trial court has already acknowledged that our suit in Civil Case E1841 of 2023 has a high probability of success,” Omari stated, urging the court to maintain the orders protecting him from defamatory statements.
Despite efforts by Ichung’wah’s lawyer, Cecil Miller, to challenge the injunction, the High Court’s decision clears the way for the defamation suit to proceed without further delay.
By Kenyans