A popular Kenyan blogger, Cyprian Nyakundi, has hired a lawyer, Donald Kipkorir, to represent him in a defamation case filed by three politicians who are accused of being involved in a fake gold scam. The politicians are MPs Jalang’o, Zaheer Jhanda, and Senator Allan Chesang.
According to Tuko.co.ke, the politicians sent a demand letter to Nyakundi, claiming that he (Nyakundi) had defamed them by publishing articles linking them to the fake gold syndicate that swindled millions of shillings from unsuspecting buyers. They demanded that Nyakundi retract his articles, apologize publicly, and pay them KSh 1 billion in damages.
However, Nyakundi refused to comply and instead hired Kipkorir, a renowned lawyer and a vocal critic of corruption and impunity in Kenya. Kipkorir responded to the demand letter in a brief and to-the-point manner, dismissing the allegations and claims against his (Nyakundi) client as without constitutional, legal, and factual basis. He also said that he was ready to defend his client ( Nyakundi) in court and that he would counter-claim for full disclosure under the Leader and Integrity Act and Access to Information Act.
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According to Cyprian Nyakundi’s website, Kipkorir ended his response with the phrase “Be guided appropriately”, which is a polite way of saying that the other party should reconsider their actions or face the consequences. Nyakundi praised his lawyer for standing up for him and vowed to continue exposing the truth about the fake gold scam.
The Kenyan Laws says, defamation is the publication of a false statement that injures the reputation of another person. The law provides for both civil and criminal remedies for defamation. However, the law also protects the right to freedom of expression and information, which are guaranteed by the Constitution of Kenya. Therefore, a person who publishes information that is true, fair, accurate, and in the public interest cannot be held liable for defamation.