Hassan Joho sues Governor Mvurya for defamation

Governors Hassan Joho and Salim Mvurya in a past event

Mombasa Governor Hassan Ali Joho has sued Kwale Governor Salim Mvurya and the latter's Deputy Fatuma Achani for defamation in a dramatic escalation of the fallout between the two governors.

Mvurya who was elected on the Orange Democratic Movement ODM where Joho is a deputy party leader defected to Jubilee late last year is poised to face a challenge for the gubernatorial seat from former Cabinet Minister Chirau Ali Mwakwere who has left the ruling coalition for the opposition.

Yesterday Joho accused Mvurya and Achani of defaming him in an article published by in one of the dailies. In the article "Why I fell out with Joho" Mvurya is quoted explaining political differences with the Mombasa governor.

Through MM Advocates Joho says that the utterances and publication of the article was malicious, false and highly defamatory statement against him. The suit has been filed at the Mombasa law courts.

"On 31st January 2017 an article published by Daily Nation titled Why I fell out with Joho-Mvurya, a highly malicious and untruthful statement was published about his person and character. The said statement was uttered by Mvurya and his deputy Achani during public rally at Nyumba Mbovu in Kinondo," says a letter written to the three by Joho.

In the article Mvurya is quoted saying that his difference with Mombasa governor began some three years ago when Joho tried to arm twist him over the mining of niobium at Mrima hill in Maumba.

He claimed that Mr. Joho wanted to get share of the Kwale mineral resources and get tenders for various supplies in Kwale.

"Governor Joho is a person of propaganda and empty talk but the people of Kwale need project development," Mvurya is quoted to have said.

Mvurya added that he blocked the alleged scheme and that was the start of differences apart from him claiming that Joho wanted to make himself king of other Coast governors.

Joho termed the words used as unwarranted, untruthful, offensive, deeply injurious to his reputation and therefore defamatory.

"It is our instructions that the said utterances and subsequent publication of the afore-going statements was actuated by malice and ill-will towards our client. This was done with intention to tarnish our client's image before right thinking members of society. Joho is a respected national leader who is esteemed by the society and the public at large," added the statement.

Joho argued that the words meant that he is is corrupt, greedy and self-centered. And that he is controlling, manipulative and has no respect towards other elected leaders

He further says that the words seek to show him as dishonest, untrustworthy and engaging in illegal activities.

Joho did not stop there but also argued that such words portray him as inciteful, deceitful hate monger and has total disregard towards rule of law

"Accordingly and in the view of the foregoing matters our instruction are to make following demand to you as we hereby do," it read further.

Among Joho's demands is that Mvurya, Achani and Daily nation immediately admit liability for the aforesaid slander and libel where after the issue of quantum of damage will be deliberated upon.

He also demanded for unqualified apology and publication retracted and that pursuant to the above he be compensated a suitable sum as damages for immense injury to his feeling, reputation and distress unjustifiably caused to him.

"Take note that in the event of your failure to comply with the above demands within seven days of your receipt of this letter we have further instruction to institute legal proceedings against you. If we have to pursue this course we shall be claiming aggravated and exemplary damages," added his advocates.

When the Standard contacted Kwale Deputy Governor Fatuma Achani to sort if they have received the letter she said that they have not.