- Kakamega Police boss James Momamyi has filed a KSh 20M defamation suit against DAP-K aspirant Seth Panyako over bribery and rigging claims
- Momamyi says he learnt of the allegations through a viral video accusing him of plotting to disrupt the Malava by-election
- Through lawyer Danstan Omari, he insists the accusations are false, malicious, and damaging to his unblemished record, demanding an apology, injunction, and compensation
Kakamega County Administration Police boss James Momamyi has now gone after DAP-K parliamentary aspirant for Malava Seth Panyako, instituting a KSh 20 million defamation suit against the unionist for linking him to brazen voter bribery and rigging claims.
Source: Facebook
Through lawyer Danstan Omari, Momamyi has sued Panyako, whom he accuses of besmirching his reputation after the politician claimed he was allegedly given KSh 6 million by Farouk Kibet to induce voters in Malava Constituency during the upcoming Malava by-elections set for November 27.
In court papers, Momamyi states that he learnt of the allegations made by Panyako after friends and family sent him a video circulating on social media, in which he was accused of hatching a plan to scuttle the forthcoming Malava by-elections.
“That I learnt of a video by the respondent herein, making rounds on social media as to a hatched plan to scuttle the forthcoming Malava by-elections through friends and family members. That the injurious utterances made by the Defendant herein go against the expectation of restraint and care when on the campaign trail, to insinuate that as the Kakamega Police and a key security organ in maintaining law and order, I have been compromised beyond my oath of office, and whatever questions that may arise in the event the credibility of the forthcoming Malava elections is put to question should be directed at me,” he said in court papers.
Omari says his client has worked as the police boss in the county for over three years with a perfect record of service.
“That the plaintiff is a serving Kakamega Administration Police Commander of over three years now, and there has been no raised single query or dissatisfaction from his service to the region; hence the allegations by the Defendant are extremely daunting to his unblemished record as a member of the police service,” he states.
Omari adds that the claims by Panyako against his client are false, malicious, and clearly aimed at tarnishing and besmirching Momamyi’s good name.
The security boss also terms the threat by Panyako that he will lead a protest demanding his transfer from the county as not only a danger to him, but also to his family.
“That to threaten, as the defendant is doing, to call for a march to Kakamega County headquarters for the plaintiff’s transfer for allegations neither proven nor verified is the real threat not just to him as a person, but to his career, family, and close friends too,” the court papers read in part.
Omari insists that Panyako is a politician who has gained sufficient political mileage across the constituency and the County of Kakamega, and therefore the utterances he makes are not to be taken as common talk, especially when pointing at key security apparatus.
He adds that the utterances are geared at poking holes into the safety and credibility of the forthcoming Malava Constituency by-elections and, if not checked, may result in unprecedented mayhem arising from the message being propagated by Panyako.
Momamyi is now demanding an unequivocal apology from Panyako. He also wants the court to issue a permanent injunction barring Panyako from further making any defamatory statements against him.
“That pending the hearing and determination of this Application, this Honourable Court be and is hereby pleased to bar the respondent, his agents and/or any other person working under his instructions, from posting, making or in any other way publishing defamatory statements against the applicant herein,” the court papers read.
The security chief also wants Panyako compelled by the court to pay him KSh 20 million in general damages.
According to the administrator, Panyako circulated the media clip on November 16, in which he allegedly accused the commander of bribery, election interference, and plotting chaos during the upcoming Kakamega polls.
Source: TUKO.co.ke
