Lawyer Danstan Omari has slammed National Assembly Majority Leader Kimani Ichung'wah's claims that he has withdrawn a case brought against him as fake.
According to court documents obtained by Citizen Digital, Milimani Commercial Court Presiding Magistrate Caroline Cheptoo directed that Ichung'wa be served with the motion and appear in court within 15 days, with the matter being scheduled for mention on June 23, 2023.
"Upon reviewing the application, it is therefore ordered that the request is NOT Certified Urgent and that the appeal be heard inter Partes on 23/6/2023 given under my hand and seal of the Honourable court this 28/4/2023," the records stated.
"Whereas the plaintiff, as mentioned earlier, has filed suit against you based on the claim, the details of which are clearly in the plant's original with annexures attached hereto." You are now compelled to enter an appearance in the said suit within 15 days after the service date."
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As a result, the court informed Ichung'wa that if he did not come for the hearing, the judgment would proceed without him.
"Should you fail to enter an appearance within the time mentioned above, the plaintiff may proceed with the suit and judgement may be given in your presence," the court papers added.
It is despite the Majority Leader issuing a paper on Thursday saying that Omari had dismissed the complaint.
On Thursday night, the MP took to Twitter to accuse the lawyer of 'intimidation' for purportedly abandoning a complaint he brought against him last month, which the legislator claimed was never served and only heard about through the media.
"I am the last man to be intimidated, and someone must stop using my name for sensationalist media stunts!" Prosecute matters in court, not in the media!" Ichung'wah penned a letter.
According to court paperwork shared via the internet, Ichung'wa from Musyoki Mogaka and Co. Advocates, "Take notice that the Applicant/Plaintiff herein gives notification and wholly intends to cancel the Application and Plaint they filed dated April 25 April 25 2023, under Order 25 Rule 1 of the Civil Procedure Rules 2010."
Lawyer Omari sued the Kikuyu MP last month, seeking Ksh. 11 million in damages for what he called Ichung'wa's defamation in a Twitter post.
Ichungwa tweeted in February, "Phewl." At the very least, my people know me in Kikuyu, as opposed to the phoney media-based liar who is only known along Koinange Street!"