This will be a groundbreaking case and every Kenyan who uses social media should watch this keenly. I see people throwing these kinds of comments often on blogs and various fora. Now that you can be sued for it, I think people will be more thoughtful when commenting on issues. All in all, I think Muite and friends are moving to curtail some of the freedoms that we take for granted on the internet :)

From: Grace Mutung'u (Bomu) <nmutungu@gmail.com>
To: sochanji@yahoo.com
Cc: KICTAnet ICT Policy Discussions <kictanet@lists.kictanet.or.ke>
Sent: Friday, October 14, 2011 8:53 PM
Subject: [kictanet] Fwd:Defamatory Blog Publication by Moses Kuria & Demand For Apology

Dear all,
the suit between Muite & Others versus Moses Kuria, which I understand
is proceeding to court, should be a very interesting one to watch.
Hopefully it shall give some insights on content control vs freedom of
expression.
See below.

---------- Forwarded message ----------
From: Ngunjiri <ngunjiri@kikuyusforchange.com>
Date: Mon, 10 Oct 2011 16:05:07 +0300
Subject: {K4c} Defamatory Blog Publication by Moses Kuria & Demand For Apology
To: KC4 <kikuyusforchange@googlegroups.com>

This will most probably interest some of us, and help all of us be careful
about what we write on our blogs.
---
Ngunjiri

[image: Issa & Co Advocates]





Our Ref:          M/058/001/L****

****

Tuesday, October 4, 2011****

****

Moses Kuria****

P. O. Box 1838-00200

‘*Advance copy by email*’****

*NAIROBI*****

****

Dear Sir,****

****

*RE:    DEFAMATORY PUBLICATION *****
------------------------------

We have been instructed by our clients, Wambugu Ngunjiri, Paul Muite, Ndung’u
Wainaina, Maina Kiai and Hassan Omar.****

****

Our instructions are that you published in your widely read blog the
following words of and concerning our clients.****

****

*‘I have said Ocampo has no case.  All he has are fake witnesses coached by
Hassan Omar, Wambugu Ngunjiri, Paul Muite, Ndungu Wainaina, Njonjo Mue and
Maina Kiai.’*****

****

Your insinuations are unfounded and baseless and our clients’ professional
respective standings, characters and reputations have been severely
tarnished by your publication.****

****

Our instructions are to demand a retraction, an apology and an admission of
liability on your part for the publication of the defamatory words.  This we
hereby do.  We shall address the issue of the damages payable to our clients
upon receipt of your apology and admission.****

****

*NOTE* that if you do not publish an apology and retraction on your blog
within the next *Seven (7) Days* of the receipt of this letter we shall
proceed to the law for redress at your risk as to costs. ****


****

Yours faithfully,****

*ISSA & COMPANY ADVOCATES*****

****

****

*MANSUR M. ISSA*****

****

cc.        Clients****

****


*Issa & Co Advocates* <info@issadvocates.co.ke>****
    ------------------------------

5th Floor, City House, Wabera Street
P.O. Box *24210 - 00100*, Nairobi, Kenya
*ph*: *+ 254 20 340 150 · *  *fx*: *+ 254 20 340 151*
*em*: *info@issadvocates.co.ke · *****
------------------------------

*CONFIDENTIALITY NOTICE:*
This email and any attachments may contain information that is confidential,
legally privileged and protected by law. Access by the intended recipient is
authorized. Any liability (in negligence or otherwise) arising from any
third party acting, or refraining from acting, or any information contained
in this email is hereby excluded. If you are not the intended recipient,
please notify the sender immediatelyand do not disclose the contents to any
other person, use it for any purpose or store or copy the information in any
medium.****

--
---
Fear makes men act even against their own interests- changing them
from men of reason to blubbering fools.



--
Grace L.N. Mutung'u (Bomu)
Kenya
Skype: gracebomu
Twitter: GraceMutung'u (Bomu)

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