Murang’a senate candidates in court battle over billboards
Murang’a Senator Kembi Gitura (left) and Kiharu MP Irungu Kang’ata, both of whom are now candidates in the county's senate race, are involved in a court case over campaign billboards. Gitura has sued an advertising firm for removing his billboard and replacing it with that of the MP. PHOTO | MARTIN MWAURA | NATION MEDIA GROUP
What you need to know:
- The case was filed at the Milimani chief magistrate’s court under a certificate of urgency.
- Mr Gitura said he received calls from his supporters enquiring whether he had dropped out of the race.
- The senator is seeking general damages for the breach of contract.
The political battle between Murang’a Senator Kembi Gitura and Kiharu MP Irungu Kang’ata, who defeated him in the Jubilee primaries, has now moved to court after the senator sued an advertising firm for removing his billboard and replacing it with that of the MP.
But Mr Kang’ata argues that the senator already has three other banners yet he has only one.
Through lawyer Andrew Mura, the senator said he engaged the advertising firm in February seeking to rent three billboards near Delmonte, Kenol and the entry to Murang’a County.
The case was filed at the Milimani chief magistrate’s court under a certificate of urgency.
DOWN PAYMENT
Mr Gitura made partial payments of Sh300,000 on the agreed cost and the company proceeded to mount his billboards.
According to documents filed in court, the company charged Mr Gitura Sh1,392,000 for mounting the three billboards and printing of one flexi.
The senator said that on May 23 the company wrote a letter to him saying they would remove one of the banners at Del Monte, which he had already paid for.
He said that the advert should not have been removed after payments had been made and a huge billboard mounted.
He added that while passing along the road last week, he noted that the advertisement had been pulled down and replaced with that of his rival, terming the move as a breach of contract.
CONCERNED SUPPORTERS
Mr Gitura said he received calls from his supporters enquiring whether he had dropped out of the senatorial race.
The actions, the court heard, have caused him great prejudice given the importance of the coming elections.
“Such actions are in blatant violation of his rights under the evident contract between the parties,” Mr Gitura’s lawyer said.
The lawyer urged the court to issue permanent injunction against the company requiring the reinstatement of the billboard bearing with the senator’s image at Del Monte area.
He also sought general damages for the breach of contract.
He told the court that the senator, who is defending his seat as an independent candidate after losing to Mr Kang’ata in Jubilee nominations, will suffer irreparable damage unless the court intervenes.
He maintained that the company’s actions did not have any legal basis.
The case will be heard on June 9, 2017.
