Former State House digital communications director Dennis Itumbi wants a court to lift an order that bars him from associating businessman Mike Maina with Deputy President William Ruto’s United Democratic Alliance (UDA).
In an application that has since been certified urgent by High Court Justice Jaden Thuranira, Mr Itumbi says the defamation case filed by the businessman is calculated to achieve ‘collateral objectives of a political nature’.
“I have never published any defamatory material against Mr Kamau or any other person throughout my life. I attach a high premium to the reputation of everyone just like my own,” said Mr Itumbi in court papers filed yesterday.
Through lawyer Kamotho Njenga, the ex-blogger says the gag order dated September 24, 2021 was also issued improperly and irregularly by Justice Thuranira.
He argues that the High Court does not have powers to deal with the defamation case as filed by Mr Maina, the owner of Marble Arch Hotel.
He says the case should be struck out as it was supposed to be filed at a magistrate court according to section 11 of the Civil Procedure Act. The said Act provides that ‘every suit shall be instituted in the court of the lowest grade competent to try it’.
Hence, the lawyer argues, the case is ‘incompetent and fatally defective’ for being filed in the wrong forum since a litigant cannot lodge a suit at a court he or she wishes.
Further, he notes that Mr Itumbi was not accorded an opportunity to be heard before issuance of the gag order.
“The orders issued at the instigation of Mr Kamau are unjustly oppressive to Mr Itumbi,” says lawyer Kamotho.
While denying that he defamed the businessman on social media, Mr Itumbi says the case is meant to unfairly gag him and interfere with his freedom of expression, which he says he has always exercised with great caution, restraint and responsibility.
The order stopped Mr Itumbi from making any defamatory statements in reference to Mr Kamau for 30 days.
In the case, the tycoon wants Mr Itumbi penalised and compelled to pull down statements posted on Twitter and Facebook suggesting that he (Mr Maina) played a role in the Kiambaa by-election won by the UDA party.
The statement was allegedly published on September 22, 2021 under what the ex-director describes as the Hustler Nation Intelligence Bureau on his Twitter account with over 1.3 million followers and Facebook page with 329,000 page likes.
The statement also linked the investor to alleged criminal acts that Saturday Nation cannot reprint.
The businessman, through TrippleOklaw Advocates, claimed that Mr Itumbi painted him as a man of questionable integrity who committed a criminal offence under the Elections Act.
