Consumer Federation of Kenya bid to join Kidero case rejected
By Caroline Rwenji
| August 3rd 2015
The High Court has rejected Consumer Federation of Kenya (Cofek) bid to be enjoined in a defamation case filed by Nairobi Governor Evans Kidero against Kakamega Senator Boni Khalwale.
Dr Khalwale had linked Dr Kidero to Mumias Sugar Company's financial downfall.
High Court Judge Joseph Sergon said Cofek had shown open bias in the matter.
"Cofek is going to be partial in the matter and has shown open support for the defendant (Khalwale)," Justice Sergon said.
He said Cofek should have applied to be enjoined as defendants because they had failed to convince the court why they should be in the matter as an interested party.
The organisation, the judge said, had failed to raise reasonable grounds to be enjoined in the case.
Kidero went to court after Khalwale declined to issue a public apology after making remarks linking him to the financial problems that plagued Mumias.
The Nairobi Governor said the remarks injured his standing in the society and he sought orders stopping Khalwale from blaming him to the financial woes that rocked the miller. Justice Sergon obliged.
Through his lawyer Tom Ojienda, Kidero said he risks attracting public spite especially from Nairobi County residents due to Khalwale's words.
Khalwale allegedly made the offensive remarks while at Mumias Complex in Kakamega County during the presidential visit to the miller.
He said: "The defendant (Khalwale) maliciously and recklessly and without justification slandered me."
Kidero also accused Khalwale of slandering him at a press conference and on his Twitter account when he demanded for an apology.
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