Nyong'o sues Saboti MP

By Athman Amran

ODM Secretary-General Prof Anyang' Nyong'o has instructed his lawyers to sue Saboti MP Eugene Wamalwa for alleging that he wrote a letter to the International Criminal Court calling for the detention of the "Ocampo Six".

The letter, which Eugene read during a "homecoming" prayer rally for the "Ocampo Six" at Uhuru Park on April 11, allegedly sought ICC Prosecutor Luis Moreno Ocampo’s assistance in detaining the suspects "for the benefit and security of Kenyan citizenry as a whole".

Eugene told The Standard on Tuesday that he welcomed the challenge and will defend himself "properly" in a court of law.

"The letter was read by a senior ODM party leader at the meeting, prompting me to read it and point out the serious allegations it raised," said Eugene.

He said there was no reason to doubt its authenticity because it was an ODM matter raised by an official of the party.

The MP also asked Nyong'o and the party to remember that they had written letters to the United Nations, the African Union and the ICC challenging the Government’s appeal for a referral and the case against admissibility.

In a letter dated may 2, Rachier and Amollo Advocates law firm, acting for Nyong'o, wrote to the Saboti MP, demanding a retraction, apology and admission of liability.

The advocates further demanded that Eugene desist from any further public or private comments, utterances or statements defamatory to their client.

The lawyers claimed that Nyong’o had not authored any such letter to the ICC in his personal capacity or as the Secretary-General of ODM.

Nyong’o has insisted that the letter is a forgery and that ODM does not own the stationery that the letter was printed on.

The ODM secretary-general, according to his lawyers, has already reported the "forgery" incident to the Criminal Investigations Department for further investigations and possible prosecution "for the criminal act".

Nyong'o’s lawyers further claimed that the party logo and letterhead were not similar to those used by ODM.

"The aforementioned allegations against our client are very grave and consist of malicious falsehoods and are further libellous in nature," the letter from Nyong'o’s lawyers said.

During the Uhuru Park rally, Eugene told the cheering crowd that the last paragraph in Nyong’o’s alleged letter said Uhuru Kenyatta and William Ruto were warmongers whose presence in the country could make it relapse into the 2008 chaos.

On Tuesday, the MP said he was concerned about issues raised in the letter because Uhuru assisted by Ruto conceded defeat after the 2002 presidential elections unlike in 2007 when ODM disputed the elections.

"I have instructed my lawyers to vigorously defend my position because all I was doing was to tell the public that Uhuru and Ruto are only fighting for peace, reconciliation and national healing," said Eugene.

In their affidavit, Nyong’o’s lawyers said the allegations as uttered at the rally and as further alluded to were aimed at tarnishing the reputation and standing of their client.

The reading of the letter in public, the lawyers claimed, has exposed Nyong’o to "ridicule, odium, contempt and hostility" from his peers, family, constituents and general members of the public.

"Our instructions from our client are that the said alluded accusations and allegations are entirely baseless and untrue and their publication was inspired by malice, ill will, sheer spite and contempt," Nyong’o’s lawyers claimed.