Majority Leader Kimani Ichungwa has lost a bid to stay defamation proceedings by City Lawyer Danstan Omari at the lower court as high court dismisses his application with costs to Omari.
Ichungwa had appealed the ruling issued by the magistrate court barring him from further tweeting about him on social media pending determination of case filed by Omari.
Omari sued Ichungwa for defamation after the legislator tweeted that he is only known at Koinange street which is a red light district.
Magistrate C.K Cheptoo had barred Ichungwa from producing, broadcasting and publishing or republishing defamatory information on any medium and in any manner whatsoever about Omari and also ordered him to the lawyer costs of the application.
Justice Thropsisa Cherere has this morning disallowed the application saying Ichungwa has not demonstrated how the continuation of the suit against him will occasion him irreparable harm
She further ruled that if the appeal is successful, it can still be accommodated without necessarily halting the court process
“The application dated 10th February seeking stay of proceedings is disallowed without necessarily halting costs to the respondent,” the judge ruled.
Ichungwa through lawyer Cecil Miller had appealed the ruling of injunction against him by the magistrate.
Omari had objected to the application for stay of proceedings saying the existence of the orders does not impede the hearing of the appeal in any way and furthermore Ichungwa had not laid cogent and undisputable basis as to the prejudice they would suffer if the hearing were to proceed as planned.
“Orders sought for stay of proceedings is a lazy attempt by the appellant to avoid testifying before court and embarrassing himself as he knows he has no way of defending himself because even the trial court recognized that our suit filed in Civil suit E1841 of 2023 has a high probability of success, hence the orders
issued in our favor,” Omari argued.
Omari also asked court not to stay execution of the orders issued barring Ichungwa from tweeting about him saying there is no prejudice which has been shown to be suffered unless he intends to continue to publish defamatory information about him.
