The High Court has dismissed an application by Kikuyu Member of Parliament Kimani Ichung’wah seeking to stay a defamation case against him by lawyer Danstan Omari.
Justice Wamae Cherere ruled that Ichung’wa had failed to demonstrate how the continuation of the suit would occasion him irreparable harm beyond the hussle of litigation.
“In light of the foregoing analysis, I find that the applicant has not met the threshold for the grant of an order for stay of proceedings. Accordingly, the notice of motion dated 10 February 2025 is dismissed with costs to the respondent,” the judge ruled.
According to the judge, the appeal, if successful, can still be accommodated through appropriate remedies without necessarily hating the trial process.
Omari had moved to court in 2023 seeking damages for defamation and an injunction to restrain the MP by himself, his agents, servants, or anyone acting on his behalf from writing, reducing broadcasting, publishing, and/or republishing defamatory information on any medium and in any other manner whatsoever about him
Along with the suit the lawyer filed an application for a temporary injunction seeking to restrain Ichung’wa from publishing defamatory statements about him pending the hearing and determination of the suit.
“By a ruling dated 6th October 2023, the court granted the temporary injunction restraining the applicant from publishing defamatory information on any medium and in any other manner whatsoever about the respondent pending the hearing and determination of the suit,” the judge read.
However, aggrieved by the ruling, Ichung’wah filed an appeal to challenge the injunction and, together with it, filed the notice of motion dated 10th February 2025 seeking a stay of proceedings in MIlimani MCCC NO. E1841 OF 2023 pending the hearing and determination of the appeal.
The application was supported by an affidavit sworn by the politician on 10th February 2025 by the applicant who mainly contended that the hearing in Milimani MCCC NO. E1841 OF 2023 will render the intended appeal nugatory and cause him irreparable loss.
However, Omari opposes the application asserting that the lawmaker had failed to demonstrate any exceptional circumstances warranting a stay.
Further he contended that the trial should continue as scheduled in the interest of expeditious disposal of cases.
Justice Cherere ruled that the Court is guided by the principle that the right to a fair hearing is a fundamental right protected under Article 50 of the Constitution of Kenya, 2010.
“A party seeking an order of stay of proceedings must show substantial prejudice that goes beyond the normal inconveniences of litigation,” the judge noted.
The matter will be mentioned before the Deputy Registrar on 29th April 2025 to confirm filing of the record of appeal.
According to court documents, on 1st February 2023, a video caption of Omari was captured by NTV Kenya on their Twitter handle @NTVKENYA where he said among other things that, “Retired President Uhuru Kenyatta and Raila Odinga are two serious international figures and that President Ruto is a local president and the likes of Ichung’wah are only known up to Kikuyu Constituency”.
Later on the same day, the MP allegedly posted an offensive and defamatory tweet on his Twitter handle of @ KKIMANIICHUNGWAH that, Phew! At least am known in Kikuyu by my people unlike the fake media based liar only known along Koinange Street”.
