Lawyer Philip Nyachoti for suspended cabinet secretary Kazungu Kambi leaveing Milimani law courts after the ruling of the defamation case that COTU secretary general Francis Atwoli had filed against Kambi over remarks he had made linking him to the death of the late Kabete M.P George Muchai on Friday 10July,1015..
BY SAM ALFAN.
High court has dismissed a civil suit filed by COTU Secretary General Francis Atwoli seeking to restrain suspended labour Cabinet Secretary Kazungu Kambi from making defamatory statement linking him to the death of the slain kabete Member of Parliament George muchai.
Atwoli lost a claim of 500,000 against suspended C.S kazungu kambi on a defamation he filed against kambi which he claimed he was linked with the death of former kabete Mp George mUchai .
Justice Alfred Mabeya said that Atwoli did not establish in his pleadings the defamatory statement uttered by Kambi.
The judge found and held that the pleadings as filed by Atwori were too general and lacked specific defamatory words uttered by Kambi.
Justice Mabeya declined to issue an injuction against kambi saying that the court was not convinced that there was a proper claim By Atwoli.
Six top Central Organization of Trade Unions (Cotu) officials sued Labour secretary Kazungu Kambi and three MPs over remarks linking them to the murder of Kabete MP George Muchai.
Francis Atwoli, Rajab Mwondi, Rebecca Nyathogora, Francis Wangara and Joseph Nyabiya want the court to stop the minister and the three MPs from using any further defamatory words against them.
Mr Kambi has been sued alongside MPs Moses Kuria (Gatundu), Francis Waititu (Juja) and Alice Ng’ang’a for alleging that the Cotu top six officials killed the Kabete MP.
The allegedly defamatory statements were made at the late MP’s funeral at his Kamulu home.
“The defendants did allege that Cotu’s six top most officials who have a case with Muchai are responsible for his death. The said words were understood to mean that I am a criminal and a person who leads a gang of thieves and murderers who killed the late Mr Muchai,” Mr Atwoli said.
Mr Muchai and Mr Atwoli had been engaged in a series of legal battles prior to the legislator’s death.
The late MP in November asked the High Court to freeze Cotu’s bank accounts as he alleged the union’s top officials were mismanaging workers’ funds.
The Cotu boss had one month earlier sued Mr Muchai for defamation after the late MP claimed Mr Atwoli had embezzled funds from the workers’ union.
High Court had earlier issued orders restraining Labour Cabinet Secretary Kazungu Kambi and three Jubilee legislators from making defamatory statements linking COTU officials to the murder of Kabete Member of Parliament George Muchai.
This was after the leaders publicly stated that six COTU officials should be arrested over the incident, during Muchai’s burial.
Justice Alfred Mabeya on Monday, February 16 2015 barred Kambi and legislators Moses Kuria, Alice Ng’ang’a, and Francis Waititu from making comments on the issue pending determination of a defamation case by the six COTU officials.
The late Muchai was shot dead alongside his two bodyguards and driver during an ambush on Kenyatta Avenue a week ago.
This was after COTU (K) led by Secretary General Francis Atwoli and five other officials sued the public officers for linking them to the murder of the late Kabete Member Parliament.
Under a certificate of urgency, the COTU officials accused Kambi, MPs Kuria, Ng’ang’a and Waititu of making “the wild allegations without an iota of evidence.”
Atwoli, Rajab Mwondi, Rebecca Nyathogora, Francis Wangara, joseph Nyabiya and Washington Adongo say they have taken legal action against them for making the allegations yet they had not recorded any statements with relevant authorities.
According to the COTU officials, the MPs were only focused on creating a sensation during the funeral of Muchai last Friday for purposes of benefiting politically and without regard to their character, and reputation.
Atwoli claims in court papers that the statements made were “false, wrongful, malicious and have exposed them to danger as the matter is very sensitive to the general public.”
“The false, wrongful and malicious words and statements have exposed my personal, professional standing and character to contempt and embarrassment.”
Atwoli contends that the statements have caused him to suffer enormous loss and damage as the same was broadcast to the public, family, clients, friends and professional colleagues who hold him in high esteem.
Through their advocate, the officials urged the High Court to restrain the political leaders or any other person from issuing the defamatory statements as they have put their lives at security risk since the matter is sensitive and emotive.
“Unless the orders sought are granted the defendants either by themselves, servants or agents shall continue defaming me to my detriment together with my colleagues and COTU (K) as an institution and damage our character beyond repair,” Atwoli said.
Atwoli is further aggrieved that by statements claiming that he has misappropriated union funds.
Kambi has since been directed to record a statement with police by his counterpart, Interior Cabinet Secretary Joseph Nkaissery.
“It is very unfair for somebody’s name to be mentioned in a murder case if there is no concrete evidence,” Nkaissery stated. “I would wish if that Kambi is aware of the killers of the four individuals, we invite him and demand he writes a statement to give us the evidence he has.”
Kambi who spoke at the funeral threatened to resign if police failed to arrest and prosecute the people who plotted Muchai’s murder, saying he knows them very well.
“If those who killed Muchai will not be arrested because we know them, I am prepared to resign,” Kambi said. “I am prepared to quit if they are left to walk free!”
COTU boss has vowed to appeal high court decision. He applied for certified copies of the ruling to enable him pursue his appeal.