Court Dismisses Kimani Ichung’wa’s Bid to Suspend Defamation Case
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Kikuyu Member of Parliament and National Assembly Majority Leader Kimani Ichung’wa has lost his attempt to suspend defamation proceedings filed against him by city lawyer Danstan Omari. The High Court dismissed his application with costs awarded to Omari, allowing the case to proceed in the lower court.
Ichung’wa had appealed a ruling by Magistrate C.K. Cheptoo, which barred him from tweeting about Omari or publishing any defamatory information about him on any media platform pending the determination of the case. The magistrate also ordered Ichung’wa to cover Omari’s legal costs for the injunction application.
High Court Upholds Lower Court’s Decision
In her ruling, High Court Judge Lady Justice Thropsisa Cherere rejected Ichung’wa’s application, stating that he failed to demonstrate how allowing the case to proceed would cause him irreparable harm. She further noted that even if his appeal were successful, it could still be accommodated without halting the ongoing defamation suit.
“The application dated February 10 seeking a stay of proceedings is disallowed without necessarily halting costs to the respondent,” ruled Justice Cherere.
Omari Opposes Bid to Halt Proceedings
Ichung’wa, represented by lawyer Cecil Miller, had appealed the injunction issued against him. However, Omari opposed the application, arguing that the existing orders did not hinder the appeal’s hearing in any way. He further stated that Ichung’wa had failed to provide substantial proof of any prejudice he would suffer if the defamation case proceeded as scheduled.
Omari also urged the court not to suspend the enforcement of the injunction barring Ichung’wa from tweeting about him, asserting that the MP had shown no valid reason for such relief—unless he intended to continue publishing defamatory content.
With the High Court’s ruling, the defamation case will now proceed in the lower court as initially scheduled.
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