The secretary to Mombasa tycoon Mohamed Jaffer has suffered a setback after the High Court in Mombasa ordered that the case in which she is accused of defaming the family of the Hassan Joho to proceed for full hearing and determination.
Justice Wendy Kagendo declined to reject electronic evidence allegedly linking Matilda Maodo Kinzani to the defamatory post targeting Mombasa businessman Abubakar Joho, popularly known as Abu, and his brother, Hassan Joho.
The judge directed that the contested document be expunged from the court record and refiled afresh, accompanied by a certificate of electronic evidence, before the hearing resumes from where it left off.
The court also dismissed claims that the charges against Ms Maodo were defective.
In her ruling justice Wendy stated that, she would not interfere with the hearing of the matter and would only order for the rehearing of prosecution witness ,inspector Joseph Kolum whose testimony in court had been faulted by the defense .
“The case before the chief magistrates court has to proceed into determination ,with the court being ordered to have the witness testify and allow the cross exemption of his testimony by the defense,”she read
Kinzani is also facing charges of linking Joho of having defrauded Mombasa county government of Ksh.40 billion,drug trafficking claims ,and theft of containers inside the Kenya ports Authority (KPA).
Kinzani is out on a bond of Ksh.700,000 with one similar surety with an alternative of Ksh.300,000 cash bail.
The suspect is further facing four charges of publishing false information against Joho .
According to police the suspect is a senior employee of the Grain bulk handlers Ltd now known as Bulk stream.
Kinzani is facing charges of publishing false information under section 23 of the computer misuse and cyber crime Acts.
According to detectives the suspect is believed to have used her WhatsApp to share false information about Joho and his elder brother following the nomination of Joho to the position of the cabinet secretary on diverse dates of August 12 and August 15 2024.
The hearing is set to resume in May 27 this year .