The defamation case against Majority Leader Kimani Ichung’wah has been adjourned to next year March 18.
In the case, city Lawyer Danstan Omari has sued the legislator seeking 11 million in damages for tweeting that he frequents the infamous Koinange street.
The case was coming up for pre-trial but magistrate Caroline Kemei was not sitting.
Last month, the court barred Ichungwa from publishing any defamatory statements about Omari pending hearing and determination of the defamation case.
Magistrate Caroline Kemei ruled that she had found merit in the application by Omari seeking to bar Ichungwa from tweeting about him.
Ichungwa has also been slapped with costs of the application meaning he will pay Omari for costs but the court has granted him leave to appeal the ruling.
The impugned tweet by Ichungwa stated that “Phew! At least am known in Kikuyu by my people unlike the fake media-based liar only known along Koinange Street.”
Omari through lawyer Brian Mabeya had asked court to restrain the legislator from further publishing or causing to be published words that are defamatory to him.
However, Ichungwa through lawyer Cecil Miller had strongly opposed to the application by Omari arguing that it will be prejudicial to him if the court bars him from tweeting.
He argued that he did not mention Omari in the said tweet and what he said was only fair comment.
In his submissions Miller argued that Ichungwa’s was only exercising his freedom of expressions as stipulated in law.
However, Omari insisted that the court should issue orders restraining the MP from tweeting adding that he will not suffer any prejudice if orders are issued.
He said he has already suffered irreparable harm due to that tweet and if not stopped he was likely to suffer more harm.
