Court has ordered Nandi Governor Stephen Sang to file his response within 14 days in a case in which he is sued by Mombasa Governor Ali Hassan Joho for defamation.
Justice J Njuguna directed that this was the last warning for him to respond after he failed to file as directed by the court.
Joho sued Sang after he allegedly called him a drug trafficker.
Sang however failed to file his response on grounds that he is waiting to be furnished with the details of ownership of the Sh 1.3 billion heroine consignment that was set ablaze in Mombasa in 2014.
He has written to several security bodies both local and international seeking the information.
Joho, through his lawyer Ken Ochieng, said Sang is on a fishing expedition seeking for information from various authorities so that he can respond to the case.
“It is absurd that the defendant (Sang) belatedly seeks for information on the false slanderous allegations which he ought to have verified before he uttered the the same,” says Joho in the court documents.
The Mombasa Governor said Sang’s application is unmerited and intended to unreasonably delay the determination of the matter.
He added that Sang was served with the pleadings and entered appearance on February 7th this year and should have filed his defense on or before 27th February.
“It is ludicrous and foolhardy to seek for over two months to be able to defend the statements he uttered,” said Joho.
Sang was seeking 30 days to respond.
Through lawyer Dunstan Omari, the Nandi Governor required more time to file his defense sighting difficulties in complying with the laws of procedure.
According to Sang, his failure to file his defense within the required timeline is not his making as he is patiently waiting to be supplied with information from government agencies, which information will go a long way to assist him in his defense and the court in determining a fair determination.
He has since writtento that Cabinet Secretary Ministry of interior, Inspector General, Director of criminal Investigations, interpol, EACC, Office of the President and the registrar of the Judiciary seeking information that is very rudimentary and vital to his defense.
