 My name is Peter Njage. I'm the managing partner of Mwen Njage and Kapani Advocates, situated at Seattle City Mall, Kiambu Road, Rwanda, Block K, that floor. And for purposes of today's show, I'm the council on record for many karyuki in Jogona, and I think we're here to discuss what you all know has been happening in the media, and I'll be ready to answer any questions that would be forthcoming, or maybe to enlighten the position of my client, because I'm here to speak on her behalf, and maybe to give some comfort to her fans and to purposes of responding in terms of what has been happening on the media recently. Maybe you can take us through maybe the letter you've shared with us, the demand letter from your client. Very well. The day before yesterday, my client was awakened to a buzz of social media activities alleging that a case has been filed against her person by one Michelle Nkala Talami. Unfortunately, my client had not been served with court documents, therefore she was at a loss to respond or to know the allegations that were being pedaled in terms that a defamation case has been lodged against her. And you all know that we don't prosecute or mitigate matters in social media, matters to do with court cases are won and lost in a court of law. So that now my client was equally astonished just like all of us in terms of the allegations that were levied against her because she did not have a chance to respond to it. As of today, we had to respond or rather receive any concrete material which would know the nature, the substance and style of the allegations that are before her. So that having broadcast kind of information without being served with any sums of court papers, we just treat it like a defamation or libel. Even a thing from where we sit, it's my client character which has been put to test and she'll be proceeding and pursuing to the greatest levels of justice to ensure that her hard and reputation is jealously protected. And that's what you're here to do. Just to go through your demand later, there are three demands that we wanted to address. The one was to cease and desist from making any move for the second one was the provision of public trust. And then the third one was our process version because of fee involved. We're going to take us through the three demands. Very well. You know, a good name is to be desired and is to be desired more than silver and gold. That's the value of a name. So that my client is an influencer, is a public figure and is somebody whose currency is a good name. So that by broadcasting that kind of unchecked and malicious information would necessarily be going to the heart of her bread and butter but it is very unfortunate. The broadcasting having happened, we felt it's important that we don't continue with that kind of dissemination and as we are telling her to cease and desist, notwithstanding what has happened. Secondly, we have the considered view if she could give us an acceptable apology of Vico magnitude and of Vico broadcast, we could consider having this matter solved through alternative dispute resolution because that apology should be looked into the context of how this information has also been disseminated. So we don't have an apology of Vico measure. Thirdly, is that what she's done has been termined before by our courts of law and our courts of law has said that a man is as good as his name and when I say a man he includes a woman and to be specific my client meaning. So that when I was raising the damages that are brewing is being informed that in event that she does not cease and desist, in event she does not consider an apology, in event she does not consider even having a lot of court settlement, then we are under very strict instructions to pursue damages that are available within our judicial system and that is what that's our position. Are there options when we have a conversation, you have been a capable team communicating with the accused in Telami, are there any conversations, perhaps this matter may be of social media conversations outside our court? Precisely because such a media is a tool of information and if it is used well, it can also assist our people and especially it can also be a good source of income and a good source of sharing information and data. But it's a double-edged sword, it can also be abused like in this particular instance whereby it's very unfortunate that my client is being accused of very heinous allegations of a case of defamation having been filed against her and unfortunately the platform does not have an opportunity to be heard therefore my client has been condemned and heard and we know that the rules of natural justice every man should be heard, you cannot be condemned and heard but most importantly since you already have communicated our position we are looking forward to a meaningful resolution of this dispute because my client is somebody who would wish to have peace and quiet and be good terms with everybody including the said aggressor. You've mentioned your client who wished to have a peace of mind and doesn't want to speak about this matter because so many Kenyans are willing to hear the story of Menakei, is it going to happen anytime soon? What I can tell you is that my client is currently going through therapy because she suffered great mental distress and she has elected through consultation of her family to come out of social media for take a sabachiko because mental health is a big issue to her and she's a very strong crusader of that particular issue so it's very unfortunate that now she's becoming the victim who needs mental assistance and mental wellness so to that extent you may not be hearing anything soon from my client because we are under contact under this matter and if any case would come or happen the rules of engagement are very simple that you cannot litigate a matter in a court of public opinion because it would among the subjudice but we felt that it's important that we give this particular interview and we give this aside of the story because from how we see it my client has not been given a chance to respond as much but most importantly I would wish to mention that this is a double edged sword that it's very unfortunate when you make allegations which you cannot substantiate and even if you file a case that's where the courts are there and also need to emphasise that the one who runs fast to court may not be necessarily the one who has a good case even if that case would be forthcoming you also have a counter claim and we are looking forward to see how this unfolds I hope you are ready to rambo So is this case filed in the court of law or is it yet to be filed? As a matter of good faith and disclosure I received a letter today from the law firm of Kilonzo and company advocates and they were telling me that I have instructions to receive summons and they were quoting a case number which was on the reference of the letter I have since responded to that letter saying that we are fully instructed to receive the summons and any court documents so I'm also very anxious just like all of us to see the context and the nature of this case so as of now I can only disclose that indeed my demand letter was replied to she has her own lawyer, she has her own variable representation so we are looking forward to see the nature of the context of the allegations and thereafter we shall inform our client accordingly and we shall give a side of story if such a case exists but from where we see it we have no documents whatsoever as of now If we should add here your client is going to a sabbatical break therapy session in terms of now how much has the client spent for the therapy session and then for how long will the client be off the social media? That question should be looked into the context of also the nature of the business that my client has lost and the nature of business that she was actively involved in remember that the real house over in Nairobi and the people that were being alleged they are multinationals and the last thing they would want to engage with is an engagement of a person who is not feasible through the engagement my client is under binding contract with her employer and the rules of engagement on how to go about it so she opted for purposes of wellness to take a sabbatical it can be a day, it can be a month, it can be a week what she is more interested is because what happened yesterday and the day before yesterday has taken a big toll on my client's life and welfare including trolls on media and many other social media bullying and harassment and the unfortunate thing is that the only one side of the story was coming through either paid up active accounts or pseudo accounts and my client felt that responding to this would actually be an exercise in futility remember when you fight with a pig you always end up with a mark so the best thing is to give it a break and my client being a smart woman opted to give such a break what do you refer to people you mentioned? the facts speak for themselves the facts speak for themselves I don't need to explain the obvious alright of course there are so many conversations going on in social media and most people want to know maybe it's Shobi, it's Kiki in order to try to pull a stunt I'm aware that those kind of activity happen but from where I sit and as a council representing my client if those things would be happening they have only to be looked into the context of also not injuring the reputation of somebody else remember defamation is a very big issue because the reason why somebody would engage you is the reputation or the name you've built in the market and it takes a while back even when you have broadcast our images you don't care to be where you are so if somebody is maligning your name just for the sake of Kiki or maybe Shobi it has to be looked into the context of the damage we are with again or it has also to be consensual but from where I sit my client has not consented to any such kind of Kiki or any such kind of activities so it's on them to tell us why they feel my client is liable and we shall respond accordingly from the time we post a dimension I can say but to pretend I caught it I don't know anytime soon maybe we will see you guys walking into the did you hear the system when we see it at any call anytime soon you know at Kwan 159 of the constitution promotes also alternative dispute resolution and I'm a strong proponent of mediation as a way of solving disputes the era of telling somebody Dr. Nakotini is long gone he's on his ikuzanyayo but now if indeed you have a grievance you could also write to that person just that we have done telling them you did this, can you desise and desise can give an apology if you look at the nature and the context of our demand our reason and our claim for damages is on the last tail because my client is not really interested with such kind of a monetary gain she is only here to defend her heart and reputation so saying that Dr. Nakotini I would take that because when Nakotini there's not necessarily amount you will win you also have your own counter claim she may also end up paying us through the nose so I would imagine that what is important here if somebody has a known as grievance they are procedures and you're not saying that she has no right to address her grievances all you are saying is that the mood and the format and style is unlawful and it's illegal the real house of Susan Tv is still ongoing I don't know your client now will he take a break are we expecting to see her in the series on going Kama Kawaita are there maybe changes in terms of now being featured in the series just as I said before that my client is under contract and she is very keen to honour her contractual obligations and there is nothing stopping her to even perform better at season 2 the only question that I would like maybe to emphasise is that in a beach to be a better performer at season 2 she has opted to take a break from social media and to seek professional mental aid which she is doing and that's a very good activity in terms of even her her personality so in terms of her response whether she'll be in season 2 the answer is a resounding yes she'll be there and you can only expect her to be just like fine wine which is refined through fire so what would you tell people that say that your client and Kalani are doing all this to push season 2 their coming season 2 you know pushing an agenda can only be looked into the context that there should be a meeting of the minds meaning what you call a contract like I tell you come for the interview to my office at this time and you agree you've already made the mind but you cannot agree to come to my office without me having confirmed the time so what I'm trying to say in a simple language my client is not aware of any such kind of engagement with her she did not consent to a kind of activity and she also feels that the other better ways to have promoted the season 2 and you cannot promote a season 2 at the expense of my client's reputation remember my client is a household name and it's a brand so that housewife is just one of the activities she's engaged in and she cannot do that it's going to injure her other kind of engagements she has with other players including international engagements which she was supposed to do recently so it's very unfortunate and you'd have wished that this matter would be handled with the most superiority for the interest of all of us but if things come to show I think that's why the contract exists so that people can square their disputes there just to wind up you have confirmed to us maybe in terms of burning terms of money now actually condition art confirmed art in terms of losses how many how much can we say amount we can estimate your client has lost so far the loss can be looked into two days and maybe futuristic loss and that's why I felt that some of 3 million is reasonable because the case that I was relying upon was a similar fact so when somebody goes to media and misalign somebody else was already 2.5 million it is 2019 and the ceiling has depreciated so when I looked at the facts of the case again is what the courts have pronounced themselves before I think 3 million is a moderate amount for compensation so in general and wind up there is this thing of cyber bullying and judiciary find some clubs a lot of people will find what would you encourage or what would you tell people about this whole issue of framing or posting pictures for example you went to a club some photographers they took a picture posting without your consent what would you tell them you know the right of privacy is a constitution right and your privacy cannot be infringed without your consent and it's also very very grave when your privacy or your picture is used for promotion of purposes by a club or any entity without your consent or without any compensation and that's why you see the communication authority of Kenya pronounce itself very strongly that if you had to use somebody's photo who has come a revealer who has come to a club to have some good time and use their club then you post in your website or in your social media handles by enlarge that would amount to advertisement and the decent thing would be to ask that revealer would you be agreeable for you or for this photograph to be used and in this day of interfinite technology nothing stopping them even to have an online signature the person could sign of course you can argue that was inconstoxicated and agree yes you can use my photograph or even maybe give an incentive if you agree we will pay you extra amount of money as an incentive or maybe give you a voucher but what is happening is you are having a good time somebody takes a photo to their own liking tomorrow it's posted on social media handles and those things we know that internet never forgets what you don't know and this something have to disclose they have also learnt to break up of marriages or break up of homes because when somebody sees a kind of a photo maybe in the context you are in missing the pretty differently and also miss use of photos of minus because the child you have used the photograph of a child and should not give consent so it's important for our people to understand that right of privacy should be protected generously because it is the basic engagement that others as a citizen have but when it's infringed including tampering of your phone using of your image and particularly if your image for commercial purposes then I think it's only fair that those finds were reasonable what I can tell them I must say that two things is that the question about reputation is as old as humankind and the reason why somebody would hire or not hire you and name your build in the market my client has attained those great height of success as an artist and as an influencer through hard and dealings so it's only fair if you did have such kind of a grievance the decent thing would not even have to go to court even assuming there was a court even assuming there was a court case it's been alluded the decent thing would have been serve my client with a demand letter and tell them could you cure this issue or could you rectify it so that a court case could be the last resort but what you're finding here my client is being told is a court case in the social media she has not been served with any demand letter she has no summons there are no court documents then after writing and expressing our instructions to be served or even file a formal case again if she doesn't season the system give an apology and receive a very hasty response being told there is a court case so that you can clearly see the element of good faith is not fair because if indeed somebody felt aggrieved which is within her rights the honorable thing would have been giving us a demand letter and you could have rectified that wrong but now we see that demand letter is absent that court case even as of now is unknown so we need to see really what they have to and I think it's only fair that alright thank you so much for your time may be I want you to your client sorry I want you to your client out my client is that she should consider being resilient and be ready first in her safety belt we see how it will unfold it's going to be a good week let's see how it unfolds tomorrow hopefully we'll be served by the documents thank you