[kictanet] Fwd:Defamatory Blog Publication by Moses Kuria & Demand For Apology

Thu Oct 20 14:25:48 EAT 2011

Dear All,

Please see a decision by the Supreme Court in Canada

https://mail.article19.org/owa/redir.aspx?C=66ad6ca5b77449d39441bc4f501deed2&URL=http%3a%2f%2fwww.cbc.ca%2fnews%2fpolitics%2fstory%2f2011%2f10%2f19%2fpol-scoc-hyperlink.html%3fcmp%3drss

HENRY O. MAINA
DIRECTOR
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________________________________________
From: kictanet-bounces+henry=article19.org at lists.kictanet.or.ke [kictanet-bounces+henry=article19.org at lists.kictanet.or.ke] on behalf of Solomon Mbũrũ Kamau [solo.mburu at gmail.com]
Sent: 15 October 2011 10:31 AM
To: Henry Maina
Cc: KICTAnet ICT Policy Discussions
Subject: Re: [kictanet] Fwd:Defamatory Blog Publication by Moses Kuria & Demand For Apology

If a facebook wall, then the guy can deactivate the account & register
a new one with a pseudo.
I'm just keen on any development that will arise out of this lawsuit.

On 15/10/2011, Grace Mutung'u (Bomu) <nmutungu at gmail.com> wrote:
> BTW the said "blog" was his FaceBook wall.....other than that the matter
> stems from political underpinnings because the parties belong to different
> divides and in the past, they have had heated debates, in among other fora ,
> *The Star.
> *A very wait and see case...
>
> 2011/10/15 John Gitau <jgitau at gmail.com>
>
>> Well freedom goes hand in hand with taking responsibility for what you
>> write. Ie whoever you are writing about can and definately has access to
>> the
>> same freedom. Which could mean suing you.
>>
>> From a legal standpoint? It will be interesting to watch since 'fun'
>> issues
>> can come up, like where is the blog hosted? Domain registered? If he
>> deletes
>> it is the hosting platform obliged by any kenyan legal apparatus to
>> re-produce that blog post for evidence? In other words this guy can show
>> them the finger, chuckle and write another one making fun of their attempt
>> to sue him.... Does the author blog in their 'true' name?
>>
>> See one reason it helps to keep content local is for law
>> enforcement...definately a good one to watch...If there is a lawyer here
>> it
>> would be nice to have a debate around this.
>>
>> Gitau
>>
>> Sent from my iPad
>>
>> On Oct 15, 2011, at 7:16 AM, Solomon Mbũrũ Kamau <solo.mburu at gmail.com>
>> wrote:
>>
>> > This is going t be interesting.
>> > I won't comment lest I bee in contempt of court.
>> >
>> > On 15/10/2011, Grace Mutung'u (Bomu) <nmutungu at gmail.com> wrote:
>> >> 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 at 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 at 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 at 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 at 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
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>> >> in this email is hereby excluded. If you are not the intended
>> >> recipient,
>> >> please notify the sender immediatelyand do not disclose the contents to
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>> >>
>> >> --
>> >> ---
>> >> 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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>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and
>> development.
>> >
>> > KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
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>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for
>> people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and
>> development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>
>
>
> --
> Grace L.N. Mutung'u (Bomu)
> Kenya
> Skype: gracebomu
> Twitter: GraceMutung'u (Bomu)
>

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