Kambi fails to stop defamation case against him
By Faith Karanja
| January 28th 2016
Nairobi: An attempt by former Labour CS Kazungu Kambi and three MPs to have a defamation suit filed by Central Organisation of Trade Unions (Cotu) boss Francis Atwoli struck out has failed.
Justice Roslyn Aburili said the application by Kambi and the three officials was not properly filed.
"I refer the file back to the registry for further directions because I can see the application before me was not properly filed," said Aburili.
The suit had been filed by Mr Atwoli, Cotu chairman Rajab Mwondi, Treasurer Rebecca Nyathogora, deputy treasurer Washington Adongo, trustees Francis Wangara and Joseph Nyabiya.
The officials claimed that Mr Kambi and the MPs uttered the words "the six Cotu officials are responsible for Hon Muchai's death, we want to see them in handcuffs for Muchai's murder," during the late Kabete MP George Muchai's burial.
The officials argued that Mr Kambi and the MPs made no effort to verify the statements which were made even as investigations into the murder of Mr Muchai were under way, and that they should have recorded statements with police instead of going public.
Mr Atwoli, in his supporting affidavit, swore that the statements were meant to portray them as corrupt and people who had misappropriated Cotu funds.
On July 2015, Atwoli's application was dismissed for failure to prove that Mr Kambi, MPs Moses Kuria, Ferdinand Waititu and Alice Ng'ang'a defamed him by linking him and other top Cotu officials to the February 7 killing of Muchai.
Justice Alfred Mabeya then ruled that he was not satisfied that the complainant established a credible case to justify the orders.
When the matter came before Justice Aburili Thursday, she did not strike out the defamation suit but rather directed the file be taken back to the registry.
Thika MP Alice said Atwoli's allegations are vague because he did not set out the exact words uttered that were deemed defamatory.
In a sworn affidavit, Alice said the complaint is not in accordance with the law and ought to be struck out. She added that the suit is incompetent and has been filed with ulterior motive.
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