High Court gags Nelson Marwa in defamation suit

Coast Regional Coordinator Nelson Marwa. (Photo: Kelvin Karani/Standard)

The High Court has ordered Coast Regional Coordinator Nelson Marwa to refrain from repeating alleged defamatory remarks against a local businessman. Aharub Ebrahim Kharti accused the coordinator of libel and slander by linking him to illegal guns’ possession.

Mr Marwa is expected to appear in court on February 7, 2017 to explain the remarks he is accused of uttering. In a sworn affidavit, Kharti accused Marwa of smearing his character to get back at Mombasa Governor Hassan Joho.

“Pending the hearing and determination of the application, a temporary injunction is hereby issued for 14 days against the defendant, restraining him from repeating or otherwise disseminating in any form, whatsoever any statements of or concerning the plaintiff with regard to his arrest whether directly or indirectly or making any further comments referencing him on the basis of the investigation in relation to the arrest of the plaintiff on January 13, 2017 whether through press conference or print media,” Lady Justice Mugure Thande ruled.

Khatri said he was arrested from his residence in Ganjoni and taken to Provincial Police Headquarters for questioning.

Mr Joho, Mvita MP Abdulswamad Nassir and his Kisauni counterpart Rashid Bedzimba were also allegedly detained for trying to bail Kharti out.

On January 14, 2017, Marwa held a press conference to explain the arrests.

“The respondent (Marwa) falsely and maliciously spoke and published or caused to be spoken and published the said words, which are injurious and slanderous to me and likely to harm me in the estimation of right-thinking members of society and further exposed me to feelings of hatred, contempt, ridicule, fear and dislike,” said Kharti.

Kharti’s lawyer Mohammed Balala said further remarks by Marwa would endanger his client’s life, cause grievous prejudice and permanent destruction of his reputation.

The businessman said he was interrogated for 12 hours over something he knew nothing about.

“During my arrest I was asked if I had firearms in my possession and I confirmed that I am a licensed holder of three firearms only and was kept in safe custody. I took the police to my room and handed over the firearms and certificates issued by Central Firearms Bureau,” said Khatri.

“To my surprise I was also asked if I owned or had ever owned an AK47 to which I replied I had not.”

Mr Balala claimed that a narrative imprinted against Khatri that he is a holder of illegal firearms and a possible owner of armoury was made by Marwa albeit having full knowledge of the true position.

“Following the media exposure by the respondent, the applicant now fears for his life as the public is classifying him as a serious criminal following the defamatory attacks by the respondent,” he said.

Balala said Marwa declined to honour the demand.

Khatri said posters written ‘most wanted criminal’ and bearing his picture were circulated on social media, placing a bounty of Sh2 million.