Mumias East Member of Parliament Benjamin Washiali and Kakamega senator Bonny Khalwale together with their supporters addressing the media outside Milimani law courts building after Khalwale’s lawyer made an application seeking to uplift orders issued against the senator restraining him from defaming Nairobi governor Evans Kidero over the collapse of Mimias Sugar Company.
BY SAM ALFAN.
High court has declined to lift orders obtained by Nairobi County Governor Dr Evans Kidero restraining Kakamega senator Dr Bonn Khalwale from Mumias saga.
This after the Kakamega senator Dr Bonn Khalwale filed an application seeking orders restraining him from making defamatory statement against Nairobi County Governor Dr Evans Kidero touching financial scandal facing Mumia Sugar Company quashed.
The senator through his lawyer told justice Sergon he want the orders lifted since he was served today.She argued that,court has ordered they be served within 3 day but they were not served as per court directions.
“This court directed we be served within three days and we were not served until today because they want to continue enjoying the injunction issued on their favor” said Khalwale layer.
Kidero”s lawyer Prof Ojienda insisted they were as court directed but Dr Khalwale lawyer insisted they were not served at all until today.
“The senator’s son came to my law firm and left his passport in our firm “said Prof Ojienda.
Prof Ojienda read the Dr Khalwale‘s passport number to the court to ascertain the authenticity of his service to the senator.
He told the court that,senate refused to accept th service on behalf of the senator when they went there to serve him. Prof Ojienda was directed to make affidavit of service.
Mumias East Member of Parliament Benjamin Washiali accompanied by Members of County Assembly who arrived earlier in court to show solidarity to Kakamega senator Dr Bonn Khalwale was heckled by Kidero supports outside the court while addressing the media.
“Whoever sues senator Dr Bonn Khalwale sues the entire western region since mumias is in western region” said Hon Washiali.
The Member of County Assembly who accompanied the senator said they want the matter be taken to Kakamega where the crime was committed not in Nairobi.
“We want this matter to betransferred to Kakamega so that Kidero should come to Kakamega and tell people of kakamega he did not steal but we know he stole. We will go public, tell the whole communities and we will be there to defend it” said the MCA.
High court two weeks ago issued orders restraining Kakamega senator Dr Bonn Khalwale from making defamatory statement against Nairobi County Governor Dr Evans Kidero touching financial scandal facing Mumia Sugar Company.
Justice Joseph Sergon said Khalwale should desist from making any defamatory statements concerning Kidero in relation to the management of Mumias Sugar Limited.
This is after the Nairobi governor moved to court through his lawyer Professer Tom Ojienda to over Khalwale remarks that linked him to the collapse of Mumias Company.
Through his lawyer Prof Tom Ojienda, Kidero claimed that Khalwale slandered his name by depicting him as corrupt, a swindler and a fraudster.
“On the fight of corruption I will support you, Mumias did not just die. You should pursue the criminals. The criminals who looted Mumias are led by their prefect governor Kidero, hold them accountable,” Khalwale told President Uhuru Kenyatta
Kidero said that Khalwale continues to engage in bad publicity, character assassination and incitement of public spite against him.
Kidero claimed that the word published by Khalwale were malicious, false and reckless and were only meant to injure his reputation and his standing among right thinking members of the society.
He said the defamatory words by Khalwale were likely to attract a public spite from the public particularly among the residents of Nairobi where he serves as the governor and also investors of Mumias Sugar Company Limited where he served as the Managing Director.
He said unless Khalwale was restrained by the court, he was apprehensive that his reputation will further irretrievable tainted and suffer irreparably.
The Senator had called for the arrest of Dr Kidero, alleging that he was among those behind the collapse of Mumias Sugar Company, where he worked as a managing director.
In a sworn affidavit Kidero stated that when he joined Mumias Sugar Company as the Managing Director, he found a rundown company that was on the verge of collapse.
He said that with dedication and support of board of directors and the Management team of the company, Mumias Sugar Company became a success story year out till the time he left the company.
Kidero said after demanding an apology letter from Khalwale he went further to defame him in a press conference.
“During the press Conference on June ne 26, the defendant deliberately failed, refused or neglected to inform the public that the said slanderous and libelous words were solely based on the unconcluded KPMG report dated on December 18, 2014.This notwithstanding, the
Kakamega Senator Boni Khalwale has three days to apologise for calling Evans Kidero the “prefect of thieves” or be sued, the Nairobi governor has said.
Kidero said is a letter Khalwale faces a defamation suit if he fails to apologise for his use of “malicious, false’ and reckless” words to taint the governor’s name during a gathering in Mumias on Wednesday.
“We have instructions to seek other incidental remedies against you without further notice or reference to you at your own risk as to costs and attendant consequences,” read a letter to Khalwale from Kidero’s lawyer Tom Ojienda .
“Our client demands that you immediately and unconditionally prominently publish an apology to Kidero in at least two newspapers of national circulation, in the next three days”.
Defendant proceeded to make unqualified adverse allegations about what he perceived as indictments against me in my management of Mumias Sugar Company Limited,” stated Kidero in an affidavit.
Prof Ojienda had asked Khalwale to publish the apology in at least two newspapers of national circulation.
Kakamega Senator Boni Khalwale responded to Kidero- “Someone is cheating you. You must be dreaming to expect an apology haa! I serve the interests of Kakamega County. It is your responsibility to clear your name from the KPMG report. Bring it on, I’m always ready,” he said on his twitter account
Kidero claims that Khalwale has continued to defame him even on his twitter account.
Justice Joseph Sergon certified the matter urgent and restrained Khalwale to utter more words against Kidero.
The case will be heard on Thursday for further orders over the matter.