State House head of digital communications Dennis Itumbi
State House head of digital communications Dennis Itumbi has refused to apologize to Supreme Court judge Isaac Lenaola over his comments on social media.
Last week, Justice Isaac Lenaola termed Itumbi's comments as offensive and an assault on his character and threatened legal action should he fail to apologize within three days.
In a letter from his lawyers, Itumbi denies claims that what he posted on his twitter account about Lenaola were an attack to his character, and, therefore, do not require an apology.
“Any comments that may have been made by our clients simply rehashed and regurgitated the content of the presidential election petition and were incapable of hurting the judge’s reputation beyond the effect of that case where Justice Lenaola’s rights remain preserved,” read the letter from the firm of Chelanga Kihungu Associates.
In the letter, Itumbi says that Justice Lenaola occupies a state office that is subject to vigorous and rigorous public scrutiny in his life especially when hearing, handling and determining disputes relating to the elections of the president.
He further argues that the judge’s position as per the constitution puts him at a higher pedestal and cannot, therefore, purport to hide under the skirt of a libel suit when scrutinised.
The director also says that the concluded presidential election petition filed by the Opposition National Super Alliance will continue to attract both positive and negative criticism from Kenyans of all walks of life hence the judge should simply ‘develop a thick skin enough to accommodate others right to have unflattering opinion of him'.
Itumbi describes the judge’s threat to sue him over the alleged offensive posts as a bid to respond to the petition filed before the Judicial Service Commission seeking his removal from office, using a wrong forum.
Lenaola, through lawyer Donald Kipkorir, threatened to sue Mr Itumbi and the Standard newspaper for spreading falsehoods through their respective platforms.