City lawyer Cecil Miller has lost a case in which he had sued Former Governor Mike Sonko over a series of call recordings that he had posted on his social media handles.
Sonko posted the call recordings and several other videos to show that Miller and former Kilifi Governor candidate George Kithi colluded with other individuals to ensure that he was impeached.
In the petition dated 1st December 2021, Miller raised issues in respect of unlawfully recorded telephone conversations between him and Sonko and Amana Sidi Jirani.
Miller in an affidavit had told Court that on unknown dates separate private conversations between him, Sonko & Jirani recordings (conversations one and two respectively) were done without his consent.
Miller was seeking orders to stop Sonko from further posting, publishing or broadcasting on social media or any other media any video or recording of the conversations.
Miller in his submission argued that the motive behind the recording of the private conversation was meant to malign his reputation before his clients, colleagues and friends which an infringement of his inherent right to have his dignity respected and protected.
However, the Court through Justice Ongundi trashed trashed Miller’s argument stating that he failed to attach CDs and flash disks with the recordings he claimed violated his right to privacy.
This was a win for Sonko who despite being served with the court papers, he not hire lawyers, enters appearances or files a defence in the case.
“Without these gadgets, the Court is not in a position to confirm the petitioner’s claims.”, Court ruled.
Miller sued Sonko in November 2021 and obtained orders barring Sonko from publishing more videos or call recordings that may tarnish his name.
“Under the law, he who alleges a fact must prove it. It was the duty of the petitioner to prove the allegations against the respondents by placing material before this court in support of his claims, of recordings and publication,” said Justice Ongudi before throwing the case out.
“This is a requirement despite the fact that the respondents did not file a response to the petition. The court can only issue the orders sought upon being satisfied that indeed the alleged recordings and postings exist. In this case, the petitioner has not proved any of the above and the petition must fail,” said the judge.
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