Courts
Blow to Ichun’gwa as court dismisses his application of stay in defamation suit
Justice Cherere noted that Ichun'gwa has not demonstrated how the continuation of the suit will occasion him irreparable harm beyond the hassle of litigation
The High Court has dismissed the application of appeal filed by National Assembly Majority Leader Kimani Ichun’gwa to stay the proceedings of the case filed by lawyer Danstan Omari.
Sitting at the Milimani law courts, Justice Wamae Cherere stated that the court is guided by the right to a fair hearing which is a fundamental right protected under Article 50 of the constitution of Kenya, 2010,
“A party seeking an order of stay of proceedings must show substantial prejudice that goes beyond the normal conveniences of litigation,” Justice Cherere said.
The judge stated that the Kikuyu MP has failed to demonstrate any exceptional circumstances to warrant the stay and that the hearing should proceed in line with the constitutional imperative of expeditious resolution of disputes.
She noted that Ichun’gwa has not demonstrated how the continuation of the suit will occasion him irreparable harm beyond the hassle of litigation. “The appeal, if successful, can still be accommodated through appropriate remedy without necessarily halting the trial process.”
In determining the appeal, Justice Cherere stated: ” I find the applicant has not met the threshold for the grant of an order for stay of proceedings. Accordingly the notice of motion dated February 10, 2025, is dismissed with costs to the respondent.”
Omari had filed a case seeking injunction orders restraining Ichun’gwa by himself, his agents, servants or any one acting on his behalf from writing, broadcasting or publishing defamatory information on any medium and in any manner whatsoever about him.
On October 23 last year, the court granted him the sought orders pending the hearing and determination of the matter.
Aggrieved by the ruling, Ichun’gwa filed an appeal to challenge the injunction together with the notices of motion dated February 10, 2025, seeking a stay of proceedings pending the hearing and determination of the appeal.
In his affidavit, Ichun’gwa stated that continuing hearing of the suit will render nugatory the intended appeal and cause him irreparable loss.
In his submissions, Omari asserted that the MP had not indicated any exceptional circumstances warranting a stay. He further stated that the trial should continue as scheduled in the interest of expeditious disposal of cases.
He reiterated that the applicant had not shown the loss he would suffer if the hearing proceeds.
In conclusion, the judge stated that the court’s power to grant a stay of proceedings is discretionary and must be exercised judiciously.
She dismissed the appeal with costs to the respondent and scheduled the matter for mention on April 29.
