The High Court has dismissed an application by National Assembly Majority Leader Kimani Ichung’wah to halt defamation proceedings filed against him by prominent city lawyer Danstan Omari. In a ruling on Thursday, Justice Thropsisa Cherere denied Ichung’wah’s request, stating that the legislator had failed to demonstrate how the continuation of the case would cause him irreparable harm.
“The application seeking a stay of proceedings is disallowed,” Justice Cherere ruled, further directing Ichung’wah to cover Omari’s legal costs. The court emphasized that if Ichung’wah’s appeal succeeds in the future, appropriate remedies can still be granted without disrupting the ongoing legal process.
Ichung’wah had moved to the High Court seeking to overturn an injunction issued by Magistrate C.K. Cheptoo. The injunction barred him from publishing or republishing any defamatory statements about Omari on any platform and ordered him to cover Omari’s legal expenses.
Omari’s legal team argued that Ichung’wah’s move was merely an attempt to delay the case and avoid testifying in court.
“The stay of proceedings is a lazy attempt by the appellant to evade accountability. Even the trial court acknowledged that our suit in Civil Case E1841 of 2023 has a high probability of success,” Omari stated.
He urged the court to uphold the injunction, maintaining that Ichung’wah would suffer no prejudice unless he intended to continue making defamatory statements. Omari’s legal team insisted that Ichung’wah should face trial and respond to the allegations against him in open court.
Ichung’wah, represented by lawyer Cecil Miller, had challenged the injunction, arguing that it was unfair and restrictive. However, the High Court’s decision ensures that the defamation suit will proceed without further delay, marking a significant legal setback for the Majority Leader.
The ruling reinforces the principle that individuals facing defamation claims must defend themselves in court rather than seeking procedural delays. With the case now set to move forward, all eyes will be on the legal battle between the influential legislator and the outspoken lawyer.
