Activist Boniface Mwangi dares DP to sue him for defamation

Activist Boniface Mwangi is arrested by Police officer during a demonstration to state house to petition president to declare his wealth on his effort to fight corruption. He has dared Deputy President William Ruto to sue him over alleged defamation on Twitter.? (PHOTO: BEVERLYNE MUSILI/ STANDARD

Activist Boniface Mwangi has dared Deputy President William Ruto to sue him over alleged defamation on Twitter.

Mr Mwangi, through lawyer Gitobu Imanyara, maintained he will not retract, correct, withdraw or apologise to Mr Ruto for the statement he posted on his Twitter handle on September 28.

"Mr Mwangi welcomes the opportunity to meet Mr Ruto in court if and when his ill-motivated attempt to silence Mr Mwangi comes to court. He should know as a State officer, he must accept robust criticism for any conduct," said Imanyara.

The hard-line stance taken by Mr Mwangi sets the stage for an epic legal battle with Mr Ruto who last week threatened to sue the activist for linking him to the murder of businessman Jacob Juma.

Through lawyer Kioko Kilukumi, the DP demanded the activist acknowledge the libelous statement and offer immediate apology, retraction and clarification within seven days failure to which he will move to court to seek damages.

Severely injured

"The tweet was false and malicious. The words in their ordinary and plain meaning were defamatory and have severely injured our client's reputation. His reputation as a national leader has been gravely undermined by the said tweet," said Kilukumi in the demand letter to Mr Mwangi.

According to Mr Kilukumi, the tweet had left a permanent damage on Mr Ruto's reputation by exposing him to shame, hatred, contempt, anguish, animosity and injured his political career.

"Your client claims his reputation has been injured and seeks court intervention. Mr Mwangi on the other hand will persuade the court that Mr Ruto has no reputation worthy of any indulgence of the court of justice either in Kenya or elsewhere," said Imanyara.

In any event, Mr Imanyara stated that Mr Mwangi will seize the opportunity to file a counter-claim defamation against Mr Ruto for allegedly defaming and belittling him as a drunkard who is unworthy to be a citizen of Kenya.

He further stated that Mr Ruto's demand for apology was meant to intimidate the activist and silence him from expressing his fears.

"Our client has real and compelling reasons for fearing Mr Ruto may wish to kill him and he reserves his right to disclose these in court. The burden of proof will rest squarely on Mr Ruto to show up in court and demonstrate the fears are not well founded," said Imanyara.