The CS wanted the court to issue an injunction preventing the MP from making defamatory statements against him or further spreading alleged defamatory material about him.
But Judge Hellen Ong’undi dismissed the complaint, saying the CS had not clearly stated what it wanted the MP to be prevented from doing.
“The complainant (Yatani) does not want the defendant (Jaldesa) to make any defamatory remarks It is so general. A defamatory remark would mean anything but pleasant to Mr Yatani, but it would mean very accommodating to Ms. Jaldesa and the people she represents. It was therefore imperative for him to be clear about what to say ” said Judge Ong. undi.
It also noted that the alleged defamatory material was being distributed by other persons or entities not involved in the case.
< Wanted the interim orders to remain in effect pending a libel suit against the legislature, Mr. Yatani added that if the MP is not withheld, he will continue to damage his reputation and integrity .
However, the judge said that although the CS did not clearly state what he wanted, Ms. Jaldesa must be prevented from saying anything that does not mean that she is free to say anything she wants to say against Mr. Yatani.
“If there is something wrong that she believes Mr. Yatani did, it would be.” It is prudent that she reports to the competent authorities for the purpose of investigations and necessary measures, “said the court.
In its application for interim measures, the CS stated that Ms. Jaldesa would have a The press convened the conference and claimed that he was involved in the planning and mobilization of a “strategy to drive the Borana community from Isiolo and Marsabit”.
He stated that the MP’s claim could be understood as that he has committed crimes under national and international law, including alleged violent displacement of the population, inciting violence, cattle theft, theft and other crimes.
Mr. Yatani added The MP also alleged that he had conspired with other leaders and the government to orchestrate violence and attacks in the two counties.
“The natural consequence of these allegations g is that the applicant is responsible for the alleged uncertainty across the region. This allegation is clearly intended to tarnish the applicant’s image, “the CS told the court.
The court heard that the MP had alleged that the CS had attempted political ulterior motives by sponsoring violence in the region to reach he is revoking instructions from the President’s Office on national security issues.
Mr Yatani said Ms Jaldesa had a habit of making malicious and false statements against him and that recent statements were evidence for a repeated pattern to discredit and defame him since his appointment to the cabinet.
Contrary to the motion, Ms. Jaldesa said in court that she was obliged to speak up on matters that were hers persons represented.
She confirmed that she had held a press conference on January 18, 2021 on the subject of the attacks on Borana in the districts of Isiolo and Marsabit.
She punished itt, however, that the CS was involved in the planning and mobilization of a strategy to replace it.
The MP said that the press releases had in no way harmed the CS’s reputation as she also denied having one make a habitual and repetitive pattern of defamatory remarks against him.