Appearing before the magistrate, lawyer Dudley Ochiel, representing Mwakideu and Rozina, told the court that while the couple indeed made the remarks complained of, they were truthful, fair comment, and not malicious.
“Where a defendant pleads justification, fair comment, and public interest, the court lacks jurisdiction to grant an injunction,” Ochiel argued, adding that his clients were ready to defend their words in open court.
The admission sparked heated exchanges between the two legal teams, with lawyer Mwale, acting for Burale, protesting that the defence had not been properly placed on record.
“My learned colleague is already arguing the application while not yet properly on record,” he said. “We have not reviewed their replying affidavit to determine our next course of action.”
Mwale also complained that confidential directions in the case were leaking online before being officially issued, hinting at possible insider leaks from the judiciary.
“We are concerned that a judicial officer or staff member might be leaking information to the public,” he told the court.
However, Ochiel countered that they had duly served the documents by email, saying, “It is true we were appointed yesterday, but we burned the midnight oil and are ready to proceed.”
As the back-and-forth continued, the magistrate raised a new issue whether the court even had the pecuniary jurisdiction to hear the matter since Burale’s pleadings sought KSh 20 million in damages.
“Before we proceed, Mr Mwale, your client is seeking general and aggravated damages of KSh 20 million. This court’s jurisdiction does not extend that far,” the magistrate observed.
Mwale explained that the figure had been erroneously uploaded from an earlier draft and had since been amended to fit the Chief Magistrate’s limit. But the magistrate maintained that the jurisdiction question had to be clarified first before any orders could be granted.
The court consequently halted proceedings and directed that the matter be mentioned on 28 October 2025 before the Chief Magistrate for further directions.
“Since this court lacks pecuniary jurisdiction, it cannot issue any substantive orders,” the magistrate ruled.
The case now one of the most watched legal battles involving Kenyan public figures stems from online statements allegedly made by Mwakideu and Rozina, which Burale says damaged his reputation.
Mwakideu, on the other hand, maintains that what they said was true, fair, and made in the public interest setting the stage for a fierce courtroom showdown over truth and reputation.