Gachagua faced with legal action over Raila death claims

Former Deputy President Rigathi Gachagua has been given 48 hours to retract and apologise over his statements in regard to Raila Odinga’s death.

Addressing supporters at Tononoka Ground on April 28, the DCP party leader insinuated that the Raila's communications director, Dennis Onyango, had foreknowledge of the veteran leader’s death.

Onyango served as Raila's close aide over a long public career.

Through a demand letter dated April 30, Onyango instructed Gachagua to admit liability, issue a public apology and enter into negotiations for damages over the remarks.

Through his advocates, Onyango said the former deputy president's allegations were gravely defamatory.

"Further, your position as a former deputy president lends your words enormous weight and authority. You spoke not as a private individual, but as a national leader fully aware that your statements would be received as credible and authoritative. You therefore weaponised your platform to lend legitimacy to falsehoods, thereby amplifying the injury to our client."

The lawyers argue that in their natural and ordinary meaning, the words imputed that their client had “improper or suspicious foreknowledge of harm,” was “complicit in, privy to, or connected with a sinister scheme,” and acted dishonestly.

“Applying the objective test of legal interpretation, any reasonable person hearing these words would understand them in a defamatory sense,” the demand letter reads.

“Your statements serve no purpose other than to bring our client into hatred, scandal, odium, contempt and/or ridicule, thereby lowering him in the estimation of right-thinking members of society."

They contend that the timing of the attack is particularly "callous," coming at a time when Mr Onyango is grappling with the grief of losing his long-time principal.

Onyango is demanding an unconditional written apology published with equal prominence, a clear retraction through the same platforms and a written undertaking to cease further defamatory publication.

Failure to comply will result in legal proceedings for general compensatory damages.

Gachagua has yet to respond publicly to the demand.