A Mombasa law court has ordered Coast Regional Coordinator Nelson Marwa to appear in person in a defamation suit filed by businessman Aharab Ibrahim Kharti who had been arrest by the police in connection alleged illegal possession of firearms.
Lady Justice Thande gave the ordered that Marwa should appear on March 9.
However lawyers Emanuel Makuto and Nguyo Wachira representing Marwa argued that their client being a civil servant who was performing his duty has a right to be represented by the government counsels according to section 22 of 2013 of the Kenyan constitution.
Kharti a Mombasa based businessman has accused Marwa of tarnishing his name by linking him to the possession of illegal guns and therefore depicting him as a criminal.
Marwa had been summoned to appear in court yesterday some two weeks but instead sent his lawyers.
On January 20, the court issued a 14 days temporary injunction ordering Marwa to refrain from repeating or disseminating in any manner or form statements concerning the January 13, Khatri’s arrest, investigations in relation to the alleged illegal possesion of firearms.
In sworn affidavit, Kharti said he was arrested by police on January 13, 2017 at his residence in Ganjoni and taken to Regional Police Headquarters for questioning.
Kharti claim that in a bid to settle scores with Joho, Marwa used him as a sacrificial lamb in his political contest with the governor.
“The respondent falsely and maliciously spoke and published or caused to be spoken and published the said words which are injurious and slanderous to me and likely to harm me in the estimation of right thinking members of society and further exposed me to feelings of hatred, contempt, ridicule, fear and dislike,” said Khatri.