The immediate former US ambassador to Kenya Michael Ranneberger is yet to respond to a suit instituted by Kilome MP against the envoy for linking the legislator todrug trafficking.
The trial judge, Kalpana Rawal was yesterday told by Mwau’s lawyer that despite Ranneberger being notified of the suit through the local press in April, he had not responded. THE Attorney General has also not responded to the suit.
The suit was set for hearing yesterday but a state lawyer said he required more time to respond because the issues raised by Mwau involve several ministries in the government.
Jutice Rawal directed Mwau’s lawyer to liaise with the Attorney General on how to serve Rannerberger whose mission in Kenya ended in May should be done. The hearing was set for July 6.
Mwau filed a defamation suit against Ranneberger on April 5. The US President Barack Obama recently named Mwau as one of the seven international drug traffickers sanctioned by the US Government.
He wants the court to make several declarations against Rannerberger whom he accuses of "manufacturing" several criminal offences against him.
He wants the court to order deletion of his name from the report given to the government authorities by Ranneberger. The wants his name removed from any government records.
The false allegations by the diplomat, he says are contained in a concocted fake criminal complaint handed to the government by Rannerberger late last year.
Mwau who is also the Kilome MP has also sued the Attorney General Amos Wako whom he says has failed in his constitutional duty to defend the public interest by allowing Ranneberger to concoct, manufacture, publish and file fictitious criminal complaint against him and other Kenyan citizens. He says the diplomat has made false allegations of drug trafficking, contract killings and money laundering to the police.
The diplomat filed a criminal complaint with the Minister for Provincial and Internal Security George Saitoti on December 7, 2010 and had the same complaint delivered to the Police Commissioner.
He says he was shocked when his name was mentioned by Saitoti in Parliament on December 22, 2010 as one of the people in Ranneberger’s dossier. The dossier, he says had contents meant and calculated to injure his dignity and reputation.
The contents of the dossier, he adds alleged that he has been linked to contract killings against law enforcement officials and that he is linked to a tonne of cocaine consignment seized by Kenya Police in 2004. The diplomat had also alleged he was a close family member of Akasha family in Mombasa. The allegations by the US Diplomat, Mwau says in his plaint, are false malicious and without basis.
And as a result of the false criminal allegations by the diplomat, Mwau says he is likely to suffer atrocious international surveillance and behavioural profiling unjustly because of elaborate and continuous media publication of the diplomat’s allegations.
The actions of the diplomat intentionally exposed Mwau negatively as a criminal so as to injure his status and create a perception that would ensure he would not be able to obtain a travel visa so as to curtail him from enjoying his freedom of movement.
Among the declarations being sought by the Kilome MP is that the dossier by Ranneberger is false.
Mwau wants the court to order the state to delete his name from the report and expunge the false allegations and his name from the criminal complaint.
The MP is also asking the court to declare that the negative actions of Rannerberger against him are undiplomatic malicious and disrespectful.
The court is being asked to declare that the acts of the US diplomat are an affront to the Constitution of Kenya and the Sovereignty of the Republic of Kenya. Mwau further wants the court to stop his contemplated extradition to another country for trial based on Rannerberger’s dossier.
Mwau who was the Assistant Minister for Trade resigned on December 24 2010 afterbeing named in Ranneberger’s report. Mwau, a wealthy businessman who once headed the Kenya anti-corruption agency, was named on a list of four MPs being investigated for alleged drug trafficking during debate in Parliament.
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