Court gags Kuria from talking about Karua

October 1, 2015 3:37 pm
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Justice Joseph Sergon granted the prayer after finding that between Kuria and Karua, the latter had the most to lose given the statements Kuria has already made in the public domain/FILE
Justice Joseph Sergon granted the prayer after finding that between Kuria and Karua, the latter had the most to lose given the statements Kuria has already made in the public domain/FILE
NAIROBI, Kenya, Oct 1 – The High Court has granted former Justice Minister Martha Karua’s prayer to restrain Gatundu South MP Moses Kuria from publicly naming her as one of those he claims colluded to “fix” Deputy President William Ruto’s case before the International Criminal Court.

Justice Joseph Sergon granted the prayer after finding that between Kuria and Karua, the latter had the most to lose given the statements Kuria has already made in the public domain.

He therefore restrained Kuria from, “issuing any statement on any media platform that pertains to the Applicant and her reputation, or in any manner from mentioning the Applicant’s name in any forum as would be defamatory, libelous and injurious to her reputation.”

The orders are effective until October 14 when an inter-parties hearing is scheduled.

Kuria who was personally present in court on Thursday, opposed the issuance of a gag order.

Through lawyer Danson Mungatana, Kuria argued that he cannot be accused of having impugned Karua’s character based on the truth. “The truth cannot be defamatory.”

Mungatana told the court that Kuria, “stood by the words,” Karua quoted him as having uttered in her suit papers and thereby planned on arguing a defense of justification.

Karua on the other hand has accused Kuria of lying and thereby executing a malicious assault on her character.

“She has been gravely lowered in the estimation of right thinking members of society generally, and in particular her fellow citizens, friends and colleagues in the legal fraternity and has otherwise been subjected to public ridicule, scandal, odium and contempt,” the suit papers state.

Karua is therefore seeking damages for the injury she says his utterances have already made to her reputation.

“On September 22 the defendant issued a statement from Parliament Buildings to the effect that he had met with the Plaintiff at Club Galileo in Westlands where they drafted a letter and schemed on how to recruit false witnesses against accused persons at the International Criminal Court including Deputy President William Ruto.”

An assertion she denies, accusing Kuria of lacking the integrity required of public officers and spelt out in Chapter six of the Constitution.

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