Muite to sue over Facebook update

BY Beauttah Omanga

Kenyans courts might soon be handling a unique legal battle where members of the civil society and top lawyers have indicated intentions of suing PNU spokesman Moses Kuria over contents of a Facebook post.

On Tuesday Safina party leader Paul Muite confirmed that he and four other have given Issa and Company Advocates instructions to sue Kuria over the contents of his update message "on a widely read blog" about the Kenyan case at the International Criminal Court (ICC).

"It is true he has defamed us and we are heading for the courts after the expiry of the seven-day notice for an apology and retraction of the same," said Muite.

However, Kuria, through a press statement also posted on his Facebook page, vowed never to tender any apology to Muite and four other complainants on what he stated regarding the case at the ICC.

Besides Muite, other personalities complaining of having been defamed by Kuria include, Maina Kiai, Wambugu Ngunjiri, Ndung’u Wainaina and Hassan Omar.

On Tuesday a defiant Kuria, updated his status on Facebook; "I look forward to defend myself and the power of social media in court. Muite and Co, do not even wait for the 7 days, see you in court."

Muite said Kuria’s assertion that those aggrieved should have sued the media channel used to defame them was defeatist adding, "He is not a lawyer to advise lawyers like me, Maina Kiai and Hassan Omar whom to sue in such matters."

The allegation

Muite and the others allege Kuria wrote on a blog; "I have said Ocampo has no case. All he has are fake witnesses coached by Hassan Omar, Wambugu Ngunjiri, Paul Muite, Ndung’u Wainaina, Njonjo Mue and Maina Kiai."

In their demand letter dated October 4, 2011, whose copy was sent to this reporter read in part; "Your insinuations are unfounded and baseless and our clients’ professional respective standings, characters and reputations have been severely tarnished by your publication."

Kuria was informed that the law firm was under instructions to demand a retraction, an apology and an admission of liability on the PNU official for the publication of the "defamatory words."

"If you do not publish an apology and retraction on your blog within the next seven days of the receipt of this letter, we shall proceed to the law for redress at your risk as to costs," read the demand letter.

Kuria, in his statement denied running such a blog. "To accuse me of having a widely read blog is presumptuous, naÔve and betrayal of a 19th century mindset on the part of the five gentlemen," he stated.

He further claimed to have information on the activities and role the five have been undertaking regarding the ICC case.

"I will use the forthcoming court case to lay it bare to them," said Kuria.