The High court in Mombasa has ordered the name of Coast Regional Coordinator Nelson Marwa be struck out from a defamation suit filed against him by Mombasa businessman Aharub Khatri.
Judge Njoki Mwangi ruled that Marwa was speaking on an official capacity and not on a personal capacity and as such Khatri, who is also a close ally of Governor Hassan Joho should sue the relevant institution.
“My finding is that an application to have the defendants name struck out from the suit is well merited,” said Mwangi.
The court said that Marwa’s name should be replaced with that of the Attorney General.
The judge also allowed the Director of Public Prosecutions (DPP) to be enjoined in the case as an interested party.
“I am satisfied that the interested party has made a good suit to be enjoined in the case and so is granted,” she added.
The judge also made an observation that Khatri’s application had mentioned the AG to appear on behalf of the regional coordinator.
She said that while making the statement, Marwa was in official uniform and thus he was not acting on a personal capacity as Khatri had alleged.
The judge however declined to strike out the suit and directed that it goes to a full hearing.
