Legal battles facing former State House digital communications director Dennis Itumbi have increased after a Nairobi City tycoon, Mike Maina Kamau, sued him over alleged defamation in relation to Kiambaa by-election.
In the case, Mr Kamau wants Mr Itumbi penalised and compelled to pull down statements posted on social media (Twitter and Facebook) suggesting that he (Mr Kamau) played a role in the poll won by Deputy President William Ruto's UDA party.
The statement was allegedly published on September 22, 2021 under what the ex-director describes as Hustler Nation Intelligence Bureau on his Twitter account with over 1.3 million followers and 329,000 page likes on Facebook.
But in his court papers, Mr Kamau says the publication was maliciously calculated to disparage him in his character as an astute businessman, and that the statement was not premised on any ascertainable facts.
And pending the full hearing and determination of the case, the High Court has temporarily stopped Mr Itumbi from making any defamatory statements or publications in reference to Mr Kamau for 30 days.
Mr Kamau says immediately after the publication, he began receiving telephone calls from members of his family, acquaintances and business fraternity questioning him over the same.
Furthermore, bloggers took up the statement and spread the same online.
"As a consequence to this, Mr Maina has been brought to public hatred, pillory, ridicule, contempt, odium and will be disgraced, humiliated, subjected to untold embarrassment and ostracized," reads his plaint drawn by TrippleOklaw LLP Advocates.
He says the social media post was understood to mean that he pocketed money from the "Deep State" to influence the by-election, and that he has committed a criminal offence under the Elections Act and is therefore a man of questionable integrity.
In his view, the statement by Mr Itumbi has falsehoods and innuendos which may lead to irreparable damage to his (Mr Kamau's) reputation, image and standing.
Prior to filing the suit, the businessman had sent a demand letter to Mr Itumbi asking him to pull down the statement and publish an apology.
Together with Mr Samuel Gateri, they face three charges of making false documents, publishing false statements and reprogramming a mobile phone.
However, the charge of publishing a false statement is premised on Section 66 of the Penal Code which was declared unconstitutional by the High Court.
