Nairobi governor Mike Sonko has been given 14 days to respond to a suit in which city tycoon Mike Kamau has sued him over an explosive phone calling recording over the demolition of residential houses in Kayole estate.
The matter failed to proceed after lawyer Harrison Kinyanjui, representing Governor Sonko asked the court for more time to respond to the suit.
In a letter dated February 20, Sonko has asked the businessman to serve him with summons to the suit.
“Kindly serve us with the summons to enter appearance in compliance with the civil procedure rules so that we can lodge our client’s defence within the prescription of the law”, the letter reads.
Sonko however requested for more time to file their response as he was away on official duties and had not signed the replying affidavits.
Justice Msagha Mbogholi granted the application and directed the matter to be mentioned on March 12 to confirm compliance.
“By consent the time allowed for the respondent to file a copy to the plaintiffs application, is hereby extended by 14 days from today. Interim orders extended”, the judge ordered.
Kamau, the owner of Marble Arch Hotel, accuses Sonko of releasing a recording of their phone conversation in which he insulted the businessman, initiating social media attacks that he claims damaged his reputation and image.
The dispute started in December after Muthithi Investments Ltd, owned by Kamau, started demolishing houses built on a 20-acre plot in Nairobi’s Kayole estate.
The governor called the businessman and in a leaked private conversation threatened to demolish part of his hotel, which he said is built on grabbed land.
The firm had earlier obtained a court order to evict the occupants from the plot.
“Pending the hearing of the application inter-parties, a temporary injunction be issued directed at the defendant restraining him from making any defamatory statements and/or making any defamatory publications in reference to the plaintiffs,” reads one of the orders sought by Kamau.
He wants the governor ordered to delete a Facebook post in which he allegedly claims that the businessman misled the court using forged documents.
The businessman says the phone call recording, which was widely circulated, and the Facebook post, were meant to depict him as someone who is violent, corrupt, and has misled the court using fake documents which is a criminal offence under the Penal Code.
“The continued defamation has spread through social media like wild fire to the extent on December 20, 2018, Kamau’s name was trending on Twitter following the circulation of the (call recording) video,” says the businessman in court documents.
Kamau is seeking general damages for libel, slander and loss of business.