Blogger Cyprian Nyakundi, moving to forestall arrest, has defended himself against accusations of failing to honour court summons in a defamation case filed by Safaricom CEO Bob Collymore. Mr Nyakundi says he has religiously attended court hearings.
“Last year on September 13th, this year January 19th and January 31st, I sat in the same court-room presided over by the same judge. In the last two instances, she deferred and postponed her rulings with no logical explanation given,” he said on his blog.
He claimed he had been taken ill and the doctor had recommended bed rest for him. “Let me take this opportunity to reiterate that I have always attended court hearings, and fulfilled my legal obligations in the respective cases.”
The contempt of court proceedings arose from a substantive suit filed by Bob Collymore and Michael Joseph (the “Plaintiffs“) seeking damages for defamation.
On 17 June 2016, the Plaintiffs filed an application for an injunction against Cyprian to restrain him from publishing or causing to be published either by his agents, servants or himself in any of his blogs, or in any other media platform any defamatory statements concerning the Plaintiffs. The Court granted interim orders pending hearing and determination of this application which were extended on 18 July 2016.
- Cyprian publishes a defamatory article on his blog on 1 August 2016.
On 3 August 2016, the Plaintiffs filed the contempt of court application. The application sought for orders to declare Cyprian to be in contempt of court for disobeying the court orders made on 16 July 2016, and to commit Cyprian to civil jail or attach his properties.
- Cyprian filed a preliminary objection on the grounds that the interim orders were not personally served upon him. Cyprian further filed a replying affidavit on 13 September 2016 partly reiterating the grounds in the preliminary objection.
- On 12 October 2016, attended court for highlighting of submissions for the Contempt of Court application.
On 1st December 2016, the Court issued a ruling finding Cyprian to be in contempt of court and ordered Cyprian to personally attend court for mitigation and sentencing on 19 January 2017.
On 19 January 2017, the Plaintiffs made an application to file an affidavit to adduce evidence that Cyprian was not remorseful in order to challenge any pleading made by Cyprian in mitigation. The court gave the Plaintiffs leave to file the affidavit and moved the date for mitigation and sentencing to 31 January 2017. Cyprian was present in court.
On 31 January 2017, Cyprian’s counsel sought leave to file a replying affidavit in response to the Plaintiff’s affidavit. The Court granted leave but required the replying affidavit to be filed and served the same day and the parties to attend court for mitigation and sentencing on 1 February 2017.
- Contrary to the court’s direction that Cyprian attend court in person, Cyprian did not attend court on this day.
On 1st February 2017, the parties’ lawyers attended court for mitigation and sentencing but again, Cyprian did not attend court. His lawyer informed the court that he was unable to reach him and requested for time to find Cyprian so that he could come to court to explain himself.
Although the Plaintiffs’ lawyer did not oppose the request, he pointed out to the court that Cyprian was active on tweeter during the court session. The Court granted the request and gave Cyprian the last chance to attend Court for mitigation before sentencing.
- The date for mitigation and sentencing was set for 8 February 2017. Cyprian did not attend court, prompting the judge to issue a warrant of arrest.
[crp]
