A businessman has sued Coast Regional Co-ordinator Nelson Marwa for defamation for linking him to drug trafficking and illegal gun possession.
Aharub Ebrahim Kharti went to court two weeks ago and obtained gagging orders requiring the administrator not to utter any such remarks directly or indirectly.
And when the case came up for hearing yesterday, his lawyers demanded to have Mr Marwa in court to answer to the charges, a demand that led to an argument when the Attorney General and Director of Public Prosecutions applied to defend the administrator.
The AG and DPP representatives in Mombasa submitted that they had a right to represent Marwa as he is a Government official, and that the alleged defamatory remarks were made in his official capacity.
They applied before Justice Njoki Ndungu to have Marwa excluded from attending the proceedings in person.
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In a sworn affidavit, Mr Kharti said he was arrested on January 13 from his residence in Ganjoni and taken to the Provincial Police Headquarters for questioning.
Following the arrest, Governor Hassan Joho, Mvita MP Abdul Swamad and Kisauni MP Rashid Benzimba were allegedly detained for trying to bail Kharti out.
Kharti said in a bid to settle scores with Mr Joho, Marwa used the situation to smear his character.
Justice Ndungu will rule if Marwa will be presented by the AG and DPP or appear in person on March 9.