Blow for The National Assembly Majority Leader Kimani Ichungwa as he has lost in bid to stop a defamation case against him.
High court has declined to suspend the defamation proceedings filed by lawyer Danstan Omari.
Ichungwa through his lawyer Cecil Miller 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.
Magistrate C.K Cheptoo had barred Ichungwa from publishing defamatory information on any media and in any manner whatsoever about Omari and also ordered him to pay the lawyer costs of the application.
Justice Thropsisa Cherere 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.
Omari also asked court not to suspend 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.
