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

Fri Oct 21 10:32:00 EAT 2011

Colleagues,

A learned friends tells me such issues could be settled via dispute
resolution mechanisms eg http://www.themediationroom1.com/, could this be a
new avenue for our learned colleagues in ICT.

Kind Regards

On Thu, Oct 20, 2011 at 2:25 PM, Henry Maina <henry at article19.org> wrote:

> 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
> ARTICLE 19 KENYA/EASTERN AFRICA
> P O BOX 2653,00100
> NAIROBI
> TEL:+254 (20) 3862230/2
> FAX:+254 (20) 3862231
> EMAIL: henry at article19.org
>
> ________________________________________
> 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
> >> 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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> >>
> http://lists.kictanet.or.ke/mailman/options/kictanet/solo.mburu%40gmail.com
> >> >>
> >> >> 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.
> >> >>
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> >> >>
> >> >
> >> > _______________________________________________
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> >> http://lists.kictanet.or.ke/mailman/options/kictanet/jgitau%40gmail.com
> >> >
> >> > 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.
> >>
> >> _______________________________________________
> >> kictanet mailing list
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> >>
> >> Unsubscribe or change your options at
> >>
> http://lists.kictanet.or.ke/mailman/options/kictanet/nmutungu%40gmail.com
> >>
> >> 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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>
> 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.
> _______________________________________________
> kictanet mailing list
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> Unsubscribe or change your options at
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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.
>

-- 
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
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