Top cop to sue CJ over court order remark

By Cyrus Ombati

Nairobi PPO Anthony Kibuchi is demanding an apology from Chief Justice Willy Mutunga for allegedly claiming he disregarded a court order.

Kibuchi has written to Dr Mutunga demanding the apology failure to which he will sue him for defamation. Through lawyer Cecil Miller, Kibuchi said Mutunga disparaged him during an annual Law Society of Kenya conference in Mombasa by claiming the police boss had referred to a court order as tissue paper.

Kibuchi said he never uttered such words and hence he wants an apology from the CJ.

“Our client’s instructions are that the allegations leveled against him by yourself are untrue as neither himself nor any police officers under him were ever served with any court order stopping the demolitions at Syokimau, Kyangombe, Kyamitumba and Eastleigh,” said part of the letter dated August 21.

Miller said in the letter that when Kibuchi appeared before a joint parliamentary committee that investigated the evictions, he was never served with the said order.

He added the committee did not find Kibuchi guilty of any such wrong doing in its report dated December 7, 2011.

Kibuchi says the words attributed to the CJ in connection with the issue had portrayed him in the eyes of the right-thinking members of the public as a rogue police officer who has no respect for the law and the orders issued by courts.

“The remarks portrayed him as a police officer who is not capable of enforcing the law and the Constitution of the Republic and is therefore unfit to serve as a law enforcement officer,” says part of the letter.

The PPO is said to have made the remarks last year when bulldozers pulled down structures in Kyangombe, Syokimau, Kyamitumba and Eastleigh and residents moved to court and obtained orders stopping the exercise.

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