On Tuesday, former electoral commission chairman Wafula Chebukati issued a demand letter to Azimio coalition leader Raila Odinga, telling him to provide the video footage of an alleged visit he made to the opposition leader’s home during the electoral period.
Mr. Chebukati, through his lawyer Steve Ogolla, says that should Mr. Odinga fail to provide the video footage within seven days, he will take legal action against him.
He says that the allegations made by Odinga during a political rally at the historic Jacaranda grounds on Sunday have lowered his dignity and injured his reputation.
“Our client is aggrieved that you took no caution or responsibility while making the adverse remarks with the consequence that our client has suffered and continues to suffer serious reputational injury, taking into account his status and position as former chairman of IEBC,” says Mr Ogolla in the demand letter.
Should Mr Odinga fail to release the video, the law firm says it will take necessary action against the opposition leader.
While reacting to the case, Lawyer Danstan Omari disclosed that the former IEBC chairman would get two shilings.
Appearing in an interview with NTV on Wednesday, Omari said the defenses against defamation are about proof, justification and public office.
“Chebukati was holding a public office. Based on that, anybody will tell him whatever he wants to be told. No court is going to award him anything,” he said.
“If he’ll be given damages, he will be given nominal damages of ‘one’ or ‘two’ shillings, ” the Azimio lawyer added.
Omari further said there was a need to advise the ex-IEBC chairman that he has no recourse in a court of law since he held the aforementioned office.
He maintained that Chebukati could only use the recourse for defamation if he held a private office.
