President Uhuru Kenyatta has opposed an application that seeks to have him withdraw a defamation case he filed against a local media house in 2010.
The president argues that the case was instituted prior to him assuming the office of the president and performing the functions of the said office.
In his application, the president argues that due to the above reason, delay or suspension in prosecuting the present case during the said period is valid and justified in law.
In the case the local media house- KTN wanted the case withdrawn arguing that the president has failed to set down the suit for hearing or initiate any process in preparation for hearing.
“It is just and fair that we be relieved of the burden of the pending litigation in the circumstances as every case should be concluded one way or the other within a reasonable period of time,” argued KTN
KTN says that president Uhuru Kenyatta has lost interest in this suit.
The court directed KTN to file and serve written submissions within 21 days while the applicant President Uhuru should have 21 days from the date of service to serve submissions.
The case will be mentioned on the 3rd of April 2017 for oral highlighting.
In the case President Uhuru Kenyatta filed a defamation case against Baraza Limited, which is trading as KTN on 12th of November 2010 when Uhuru was serving as Deputy Prime minister.
Uhuru Kenyatta claims that the local television station helped the then Prime Minister Raila Odinga in spreading false statements he made against him concerning post-election violence.
During the hearing of the case in 2011, in his testimony before the then High Court Judge, Lady Justice Kalpana Rawal, Uhuru, said the story should not have been aired, as he was not contacted by KTN prior to publication.
Uhuru termed KTN’s conduct as malicious as per the journalists’ code of conduct, the media firm was supposed to investigate the matter before publication.
The president alleged that the story was based on a statement by Prime Minister Raila Odinga and the correctness of the statement was not verified