By Billian Fatima
In a significant legal setback, Majority Leader Kimani Ichung’wah's attempt to block defamation proceedings filed against him by prominent city lawyer Danstan Omari was dismissed by the High Court. Justice Thropsisa Cherere ruled against Ichung’wah’s application to stay the proceedings, citing his failure to demonstrate that continuing the case would cause irreparable harm.
Ichung’wah, who had approached the High Court to challenge an injunction issued by Magistrate C.K. Cheptoo, was left disappointed as the judge emphasized that even if Ichung’wah’s appeal were successful in the future, appropriate remedies could still be granted without halting the ongoing legal process.
“The application seeking a stay of proceedings is disallowed,” declared Justice Cherere, as the legal battle between the two high-profile figures intensifies.
At the heart of the matter is a defamation case in which Omari has accused Ichung’wah of publishing harmful and defamatory content. In addition to barring Ichung’wah from further publishing or republishing any defamatory material about Omari, the injunction also required the legislator to cover Omari’s legal expenses related to the case.
Omari’s legal team criticized Ichung’wah’s bid to delay the proceedings, accusing the Majority Leader of seeking to avoid testifying in court. They further argued that the defamation suit, filed under Civil Case E1841 of 2023, had a high probability of success, citing the trial court’s acknowledgment of the case's merit.
“This stay of proceedings is a lazy attempt by the appellant to evade accountability,” Omari's legal team argued, urging the court to uphold the orders barring Ichung’wah from making further defamatory statements. They added that Ichung’wah would suffer no prejudice unless he intended to continue spreading harmful content.
With the court’s ruling, Ichung’wah’s efforts to halt the defamation proceedings have been thwarted, and the case will proceed as planned. The legal drama between the two figures is expected to unfold further in the coming weeks, with the public closely watching how the case will develop.
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