Danstan Omari: Chebukati will only get ‘2 bob’ if he sues Raila
Nairobi lawyer Danstan Omari has advised the former chair of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati, against suing Azimio la Umoja – One Kenya Coalition party leader Raila Odinga since the lawsuit will amount to nothing.
Mr Omari, who was speaking in an interview, said since Chebukati held a public office, Kenya’s constitution allows freedom of speech and that Mr Odinga is simply exercising his freedom of speech by criticizing the former IEBC boss.
The renowned lawyer further challenged Mr Chebukati to subject himself to a court process if he really wants to know what Kenyans think about him.
“No court is going to award him anything. If he is given anything, it will be nominal damages of Sh1 or Sh2. He should be appropriately advised. He has no case in a court of law when he was holding the public office,” Mr Omari said.
Mr Omari’s remark come in the wake of Chebukati’s threat to sue Mr Odinga after the ODM leader claimed that the former IEBC boss and commissioners Abdi Guliye and Boya Molu at one point visited his home while the electoral process was underway.
“Chebukati says that there are some people who wanted to bribe him together with his friends Guliye and Molu. I want to ask you… What did you come to do at my house? What did you ask of me? And I have footage of the incident)… you play with me and I release it,” Mr Odinga said on Sunday during a political rally at Jacaranda grounds in Nairobi.
In response, Mr Chebukati, through his lawyers, have written to Mr Odinga demanding that he produces the video of the IEBC officials’ alleged visit, failure to which the will file a lawsuit against him.
“In the circumstances of your allegations, and in the context of our client’s strong rebuttal thereto, our instructions are to demand from you, as of right, which we hereby do, to be furnished with the alleged video footage within seven days from the date hereof. Kindly take notice that if we do not receive the video footage demanded herein above within the demand period, we shall be constrained to institute appropriate adverse but lawful proceedings against you,” the letter from Saroni and Stevens Advocates signed by lawyer Steve Ogola, reads in part.