A defamation case pitting former Nairobi Governor Mike Mbuvi Sonko against advocate Lucy Momanyi took a dramatic turn at the Milimani High Court, with Sonko maintaining that his controversial remarks about the lawyer were truthful and made in good faith.
While under cross-examination on Monday, Sonko told the court that his statements, including calling Momanyi a thief during a televised interview, were based on what he genuinely believed to be true at the time.
“I spoke freely on the morning show. What I said were things I believed to be true,” he told the court, referring to his appearance on KTN’s Morning Express programme in 2014.
The former governor admitted making the remarks but insisted he had evidence to support his claims, adding that he had even presented documents during the broadcast.
“I called Lucy a thief and I have evidence she is one,” Sonko said.
The case stems from that television appearance, which Momanyi argues was defamatory and damaged her professional reputation as an advocate.
She has sued Sonko over the statements, accusing him of making false and injurious allegations against her before a national audience.
However, Sonko linked his remarks to earlier events, pointing to a March 31, 2014 article published and reported.
According to him, the article contained claims that portrayed him negatively, including allegations that he was a thief and questions about his acquittal in a fraud case in Mombasa.
“I was invited to respond to the article to give my side of the story,” he said.
Sonko told the court that his televised response was a reaction to those claims and part of a broader dispute involving the estate of the late James Simon Bellhouse, where the court heard Momanyi had acted as a co-administrator.
He alleged that tensions arose during the handling of the estate, particularly over properties he claimed were not disclosed in the will.
Sonko further stated that he became concerned about the administration of the estate and sought clarification, which he said was not forthcoming.
“I was not an executor of the deceased. The contents of the will became doubtful, and I sought clarification from the plaintiff, who ignored my requests,” he said.
He also claimed that the widow of the deceased had raised complaints to the Law Society of Kenya and the Office of the Director of Public Prosecutions, some of which later found their way into the media.
According to Sonko, the widow further reported threats allegedly made against her, prompting him to advise her to report the matter to the police.
Despite the allegations, Sonko admitted in court that he did not record a statement with the police regarding the issue.
He also stated that, to the best of his knowledge, he was unaware whether Momanyi had ever been charged with theft.
The court heard that Momanyi, the plaintiff in the case, was not present during the proceedings as she was reportedly unwell and in Mombasa.
At the heart of the case is whether Sonko’s remarks were protected as fair comment made in the public interest, or whether they crossed the line into defamation.
