Nandi Governor Joshua Sang has two weeks to obtain from government information he argues will help him defend his claims linking Mombasa Governor Hassan Joho to drugs trade.
Sang on Thursday told the court that he has not yet received the information on Joho from investigative agencies that he argues will help him to file his defence in a defamation case the Mombasa governor has lodged against him.
The Nandi governor through his lawyer Shadrack Wambui told the court that he had requested information from both Directorate of Criminal Investigations (DCI) and Interpol to support his allegations against Joho in court.
“We have written a letter to Interpol and DCI seeking information. We are at a disadvantaged position since we have no information we want to rely on,” Mr. Wambui told the court.
Mr. Sang wanted Justice Lucy Njuguna to give him at least 30 days to get the information he wants and also file a reply to the governor’s defamation case.
While opposing the application Mr. Joho’s lawyer Ken Otieno argued that the Governor affiliated with the ruling party, Jubilee, had a month since the case was filed and had not made any step to defend his claims.
Joho asked the court to order that in the event that Sang will not have filed a reply a judgement be entered in his favour as undefended.
“It is a month down the line. They are seeking 30 days to procure information which does not make sense. They should be allowed seven days only,” argued Otieno.
“The application by respondent was to seek extension of time. They had enough time.”
But the Nandi Governor’s lawyer objected to the argument that the court enters a judgment in the event of default.
Wambui argued that Joho can only move the court through a formal application.
Nandi County chief, who is also a close ally to Deputy President William Ruto ended up with a compromise to file his reply within 14 days.
“By consent, the defendant’s application is compromised that he files his reply within 14,” the court ruled.
Joho sued Sang and three Members of Parliament -Kimani Ichung’wah (Kikuyu), Oscar Sudi (Kapseret) and Didmus Barasa (Kiminini) for defamation.