The case before the Milimani High Court involves claims of reputational damage, disputed estate dealings, and accusations made during a public broadcast.
The court will determine whether Sonko’s remarks amounted to protected speech or whether they damaged Momanyi’s professional reputation.
Sonko’s alleged remarks spark legal battle
The dispute began after Sonko appeared on KTN’s “Morning Express” on April 1, 2014.
During the interview, Sonko allegedly accused Momanyi of misconduct while discussing the estate of the late businessman James Simon Bellhouse.
According to court documents, Sonko made strong accusations against Momanyi during the live programme.
“I’m calling Lucy Momanyi a thief! She’s a lawyer but a thief! And I have evidence to prove it,” Sonko stated during the broadcast.
He also claimed that authorities would soon charge her over the allegations.
Momanyi argues that the statements damaged her reputation and portrayed her as dishonest and unfit to practise law.
Through her lawyers, Soita & Saende Advocates, she has asked the court to stop Sonko from making further defamatory statements. She is also seeking damages for the harm she says the remarks caused to her career.
Lawyer Lucy Momanyi seeks compensation
Momanyi says Sonko’s statements were false, reckless, and damaging.
She argues that the remarks affected her standing as a lawyer and exposed her to public criticism.
Her case seeks permanent orders preventing Sonko from repeating similar allegations.
She is also asking the court to award damages for what she describes as professional and personal losses.
Sonko denies defamation claims
Sonko has denied defaming Momanyi.
Through his lawyers, Mbichire & Co. Advocates, he argues that his comments addressed matters of public interest.
His defence states that he responded to concerns raised about his conduct and exercised his right to comment on issues affecting the public.
Sonko maintains that the remarks, if made, did not carry malicious intent and should not amount to defamation.
Estate dispute linked to the court case
The defamation case traces back to a dispute involving the estate of businessman James Simon Bellhouse, who died in 2009.
Bellhouse left behind valuable assets worth hundreds of millions of shillings. A disagreement later emerged after two conflicting wills surfaced.
The first will, prepared by Momanyi’s law firm, named her as a co-executor alongside Bellhouse’s widow, Joy Nadzua Bellhouse.
Another will appointed Joy as the sole executor, creating a dispute over control of the estate.
Joy accused Momanyi of interfering with the estate and blocking access to important assets.
She later filed complaints with the Law Society of Kenya and the Mombasa Law Society.
Competing accounts over Bellhouse estate
Court documents show that Joy supported Sonko’s involvement in the estate dispute.
In a letter dated June 2014, she stated that Sonko’s assistance improved her chances of recovering estate assets.
The letter supports Sonko’s claim that Joy approached him for help regarding the dispute.
However, Momanyi has given a different account of events.
She maintains that she handled the estate professionally and acted in the widow’s best interests.
Momanyi says Joy informed her that some estate property had already been sold to settle medical expenses. She also states that Joy had access to the deceased’s bank account.
She further claims that she protected the estate by notifying financial institutions and recovering KSh 75,000 in dividends from a collapsed bank.
According to Momanyi, she transferred the recovered funds to the widow.
She also alleges that Sonko confronted her at the Mombasa Law Courts in 2012 and later made threatening phone calls. She reported one of the calls to police on February 28, 2014.
Court to determine defamation dispute
The High Court will now examine evidence from both sides, including affidavits, disputed wills, and conflicting accounts.
The judge will determine whether Sonko’s statements amounted to defamation or whether they qualified as protected public commentary.
Both parties are expected to present witnesses as the case continues at the Milimani Law Courts.
