NAIROBI, Kenya, Mar 9 – Kiambu Governor William Kabogo has lost a bid to temporarily stop Kabete MP Ferdinand Waititu from making defamatory statements against him.
Justice Thunarira Jaden declined to grant the order sought by Kabogo against the controversial MP pending determination of the defamation case.
According to Justice Jaden, the governor has not made a prima facie case to warrant the court issue the directive.
“I am of the view that in the interest of justice in this case the plaintiff has not made out a case for the granting of the orders sought in the application,” she ruled.
Consequently, the presiding judge directed the matter to proceed to full hearing and parties to agree on a hearing date.
The governor has sued the legislator for allegedly making defamatory statements concerning him as corrupt, lacking in integrity, a drug peddler and therefore undeserving to hold public office.
According to the governor, Waititu allegedly defamed him in a WhatsApp group where he posted that together with 14 others he was banned from travelling to the US in November 2014 for allegedly doing shady businesses.
In the same forum, Waititu is said to have classified Kabogo as a small criminal for selling drugs.
In his suit papers, Kabogo claims the words were calculated to disparage him in his profession as a politician and businessman.
He argues that Waititu’s claims were unfounded since he has never been involved in violent crime or drug trafficking nor has he been investigated for, charged or convicted of any offense in that regard.
Kabogo accuses Waititu of continuing to engage in bad publicity character assassination and incitement of public spite against him.
Through lawyer Issa Mansur, Kabogo insists that the statements by the MP in various forums were malicious, false and reckless beyond the frontiers of the freedom of expression as required under the Constitution.
Kabogo had implored the court to restrain Waititu saying he is apprehensive that his reputation will be irretrievably tinted blemished and lowered in the estimation of right thinking members of the public and he will suffer irreparably.