The High Court has rejected an application by National Assembly Majority Leader Kimani Ichung’wah to stop defamation proceedings filed against him by lawyer Danstan Omari.
In a ruling delivered on Thursday, the court also directed Ichung’wah to cover Omari’s legal costs. Justice Thropsisa Cherere, who presided over the matter, ruled that Ichung’wah had failed to demonstrate how allowing the case to proceed would cause him any irreversible harm.
She further stated that even if his appeal later succeeded, the court would still be in a position to provide appropriate remedies.
Ichung’wah had moved to the High Court to challenge an earlier injunction issued by Magistrate C.K. Cheptoo.
The lower court had barred him from making or republishing any defamatory statements against Omari and had also ordered him to cover the lawyer’s legal fees.
Ichung’wah wanted the High Court to suspend these orders and halt the case, but Justice Cherere dismissed his request, ruling that the matter should proceed without further interruption.
The decision means that Omari’s defamation suit will now move forward as planned.
Omari’s legal team strongly opposed Ichung’wah’s application, arguing that it was a delay tactic meant to avoid facing justice. They claimed that the Majority Leader was attempting to drag the case out instead of dealing with the accusations directly.
According to Omari, the lower court had already found that his case had a strong likelihood of success. He urged the High Court not to interfere with the existing orders meant to protect him from defamatory attacks.
The case has drawn attention due to the high-profile nature of both parties. Kimani Ichung’wah is a powerful figure in government, while Danstan Omari is well known for handling major legal battles.
The dispute centers around allegations that Ichung’wah made damaging statements about Omari, which the lawyer claims tarnished his reputation.
The injunction issued by Magistrate Cheptoo was meant to prevent further harm while the court examines the evidence.Ichung’wah’s lawyer, Cecil Miller, had tried to convince the court that the injunction was unfair and should be lifted, but the High Court was not persuaded.
By rejecting the application, Justice Cherere has effectively ensured that Ichung’wah will have to face the defamation suit without any more legal obstacles.
The ruling is seen as a victory for Omari, as it reinforces the seriousness of the case and the need for it to be heard without unnecessary delays.With the defamation trial now set to proceed, all eyes will be on the court to determine whether Ichung’wah’s statements were indeed defamatory and, if so, what consequences he may face.
The decision also sends a strong message that public figures cannot use legal maneuvers to avoid accountability when accused of making damaging remarks.
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