REPUBLIC OF KENYA, IN THE HIGH COURT OF KENYA AT NAIROBI 2 ‘CIVIL APPEAL NO S07 OF 2019 /WAMBUT MWANGL _oAPPELLANTIAPPLICANT VERSUS TONY MocHAMA. 4 RESPONDENT SHAILIA PATEL. 2° RESPONDENT An appeal from the Judgement and Decree of Honourable A.M. Obura (Mes) Senior Principal Magistrate in Miimani Civil Suit No 39 of 2018 ‘ated 5" Augast 2019 NVA INTHE CHIEF MAGISTRATES COURT AT NAIROBI ‘MILIMANI COMMERCIAL COURTS ‘CIVIL CASE NO.399 OF 215 TONY MOCHAMA sc PLAINTIFF -1° DEFENDANT "2° DEFENDANT. /WAMBUI MWANGI. SHAILIA PATEL. ‘SUPPLEMENTARY RECORD OF APPEAL, DRAWN & FILED BY: MWADUMBO & COMPANY ADVOCATES KMA CENTRE, APARTMENT BLOCK D UUNITO.1, GROUND FLOOR, UUPPERIHILL, CHYULU ROAD, 0. BOX 30809-00100 NAIROBI et e20-2212815 ‘Boil: [email protected] ‘TOBESERVED UPON: MUTUA NYONGESA MUTHOKA, SSICHANGI PARTENERS ADVOCATES, ADVOCATES. [MARGIN PROFESSIONAL PARK [AVIATORS SERVICED OFFICES SLAGATESI&3 SUITE R I, LUTHER PLAZA, 1" FLOOR _ MUTHITHI ROAD, WESTLANDS [NYERERE ROAD, OFF UHURU HIGHWAY NAIROBI, NAIROBL[REPUBLIC OF KENYA, we HIGH COI ¥ ‘CIVIL APPEAL NO S07 OF 2019, WAMBULMWANGL z ss uAPPELLANTIAPPLICANT VERSUS, ‘TONY MOCHAMA. . 15° RESPONDENT SHAILIA PATEL... " 2° RESPONDENT ‘An appeal fom the Judgement and Decree of Honourable A.M. Obura Mes) Senior Prinigal Magistrate in Milimani Civil Suit No 339 of 2018, dated 5 August 2019, REPUBLIC OF KENYA, N MILIMANI COMMERCIAL COURTS, TONY MOCHAMA... \WAMBUT MWANGI. SHAILIA PATEL. INDEX aE DESCRIPTION OF TEN PAGE 7 Fin dated 7 Taney 275 16 z ‘Wines Sect by Toy Mocha dat 7 Tana 2075 z ‘Wiss Seat by Waajo Nasr dae 27 Tay 2015 x ‘oie of oan Appian dst” Apri 2015 5 1 Detendas Reng Afi aed 1 Way OTS ae a T Defends Ground af Opposition dod 1 May 2015 Tae 7 [ 1 Deedes Sateen of Dene dated 1™ March 25 Bar z ‘Wines Sateen by Wanbol Moangl aud” Oatcbr 2017 Bas 3. 2 Deindants Steen of Deine aed T Mar 2013 Te 76 ‘Wines Sanat by Sai Pal Gied 7 Way 2015 wa 7 Conse de TF Rega 23 wi nls Wier Sobsons dic May 2019 BH ca Dans Wien Susie ied 20 Way 20 a ie Been Wie STs RCT TP Ts 2077 oH 5 “Copy of Dee Te Laver Coat THE 16. ~ | Notice of Change dated 5" February 2021 5 m 3 Dated aeNaivoitnis ayer Febswos\ aot wapuMivo.e company 'SFOR 1H APPELLANT DRAWN 8 FILED BY: ‘MWADUMBO & COMPANY ‘ADVOCATES KMA CENTRE, APARTMENT BLOCK D UNIT0.1, GROUND FLOOR, LUPPERHILL, CHYULU ROAD, P.0, BOX 30809 -00100 ‘NAIROBI Tet o20-2212315, Email mwadumboadvocates@amailcom ‘TO RE SERVED UPON: MUTUA NYONGESA MUTHOKA ADVOCATES. ‘AVIATORS SERVICED OFFICES SUITE R 1, LUTHER PLAZA, "FLOOR SICHANGI PARTENERS ADVOCATES [MARGIN PROFESSIONAL PARK SLAGATE 3193 MUTHITHI ROAD, WESTLANDS. NYERERE ROAD, OFF UHURU HIGHWAY NAIROBL NAIROMIWAMBUTMWANGI. SHAILJA PATEL... ‘L. The Plaintiff herein is « male adult, residing and working in Nairobi in the Republic of Kenya, His adress fr service for purposes ofthis suit is care of Messers Sichangi Partners ‘Advocates, Hill Plaza, 10 Floor, Community OFF Ngong Road, P.O. Box 33223-00600 Nairobi 2 The Defendant isa female adult residing and working for gain in Nairobi in the Republic (of Kenya, Service of summons shall be effected through the Plaintiff's advocate. 3. “The 2 Defendant herein is a female adult, residing and working for gain in Nalrobl in the Republic of Kenya. Service of summons shall be effected through the Plant's advocate, 4. On 22/00/2014, the 1 Defendant, without any colour of right, began writing and publishing malicious, defamatory and disparaging statements against the Paint 5, The 18 Defendant alleged that the Plaintiff had visited her home on 20/09/2018 and sexually assaulted one of her fiends and in various writen andl published messages via the socal media platform known as Twittr (which messages shall hereinafter be referred to as “.yoets" branded the Plaintiff sexval molester and rapist, 5, The 1 Defendant thereafter proceeded to address various organizations to which the Plants alfiliatod hinting that one of thei jouraists had sexually assaulted a woman in ther house and demanding to know what tir policy was on associating with Sexual Molesters, 17. When no response was forthcoming from the various organizations, the 1 Defendant alleged that the Phuntff was the Sexual Molester in question and sbe demanded thatthe SANG PARTNERS ADVOCATESE2015,Pints sponsors, donors and employers terminate his association with them on the basis ofthe allegation that he was a sexxsl molester ard arepist 1 Defendant continued to wate and publish and indeed cause to be written and Publish statements that were defamatory, libelous and malicious against the Plant, Statements which are unfounded and unteve PARTICULARS OF LIBEL BY THE 1®" DEFENDANT. ‘The 1# Defendant published on her Twitter handle @wvambul wang statements thet and efeively render me unemployed and unfunded. cae : 26; Salle Patel then joined in onthe atck on 234 September 214, chiming to have been sing and thatitha happened ome. Prd at pg 29 5 copy ae sn by Si Pall aed 234 September 2014 BSi-ta7ontinempsing explain her fate to report the incident thepoie,Shaija wrote abut her ute distrust ofthe police, branding them as “farcical dehumanizing burenuce te who i cextortrape, abduct and kl poor and margivalized Kenyans’. pf 28: As I feared for my-steuity and also being concemed for my reputation, I reported the {nnident to the Integrity Centre Police Station on 268 September 201 end filed a eamplaint for criminal defamation and misuse of a telecomrmunication device, 29, 1¢ as only afer Wamu and Shaija were pressurized by the public ha they reported the "matter at the Spring Valley Police Station thus causing me to be the subject of an Defendans Foo S The failure by Wambui or Shaila t apologize but instead continue to spread these 22 allegations artes their malicons intentions. ee appreciate women for thei strength, support and inveplaceable atrbutes, Having a "daughter of my own, [understand the gravity of the allegations and more the seriousness {7 feet Aegaton being aed a isan agit ne, [ieee ene Pa a fom a cao ee hd Shia th eco ed emetinlharn ced fo my pen and an nncton ining te om ig ier tenet bot td hn icThats all wish to state, zloleor6.. ‘DRAWN & SERVED BY:- SICHANGI PARTNERS PADVocAmES HILLPLAZA, 10" FLOOR COMMUNITY, OFF NGONG ROAD P.O, BOX33558-0600 NAIROBI ewwsichangicom ‘lkeam@sichangicom"UBLIC RAI TIN) SEN E (FAST TRAC ‘VERSUS A" DEFENDANT. 2 DEFENDANT _ -LWANJERI NDERU, am s female adult of sound mind, working for gain in the Nairobi the ef tee Kenye and of P.O, Box 35223-00600 Nao, i ats enthusiast ond fully conversant ofthe ucts ofthis matter BEE uc cas ponte tin {.sbsgseeetiprted oa mening at Lower Kibet at Wambui Mang home,» discuss en nitiatve by SRSLY Dron cing up pote tn Nab an ake could axompery hn tg dhe meeting before heading tothe museum. Iagred to his request ‘5. Heal mentioned that the invitation sated that participants would be provided with food | ‘but hey were o come with their own drinks, alcohlic or otherwise. We ctied one quarter _ oie of vodka and sum tothe meeting Ase procéaed to Lower Ksbete, Tony quipped thatthe invitation to Wambu’s house ‘ struck Rin as od as they had a long standing professional feud, which wes public re «lowes. We jive atthe meeting at bout 20pm. and were ushered to the back verandsh where ie Tound the meeting on going. AS I di not know any of the participants {waved myProduced at poge Sn he Plaintif’s List of Documents she siting arrangement 3, noted that Tony and I were the only ones who caried alcoholic drinks to the meting. VY Tony offered Steve a drink, which he dectined and he poured himself ane. I poured myself a drink and passed thebotle around. 4 Talso noted that at one point, Shailja had a rather emotional cantzibution fo the discussion, Which did not relate tothe subject at hand. She however composed herself and the meeting continued. [Within about 1 hour, the meeting ended and participants stood to leave as the hugged each ‘other goodbye, Tony and Me. Partington walked towards me, near the doorway, and we “began talking, A Produced at page 49m the Pint’ List of Documents i the standing arangement fee a cts sa POPES a matt pa She signed and handed “back to me. Produce at page 50 nthe Plaintiffs List of Documents ar copes of my signed books by Shia (-12/One ofthe participants suggested that they all tke a group photo and I remained back to fake a photo ofthe same. Prose at poge 6 in the Plain’ Lis of Documents are copies of he pictures laken {Sooo ae «Shr 461 did not hear Tony respond to her comment, He turned away from Shaila and made rs eave, We wale out together and headed forthe sia, 117. We asived at Meseum Hill at about p.m. Tvemained in the company of Tory until 6 pn, ‘when Heft to atend to ater activites, 16, That sal wish oot | |a : fe | Deanesravep er. ECHANGTPARTNERS ADVOCATES | THtPraza, moo COMMUNITY, OFF NGONG ROAD i"BO. BOX 30553-00600 NAIKOST ‘wWowwr sichangi.ccTONY MOCHAMA., VERSUS WAMBULMWANGL. 1% DEFENDANT/RESPONDENT SFIAIJA PATEL, 28° DEFENDANT/RESPONDENT 1B OF MOTION (Une Order 2 Rule 15 of the Ci Procedure Rules, Section 3A ofthe Ciel Procedure Acts Chapter 2 oft Laws of Kenye ad all Other Enabling Procars we Pros ‘of te Law STAKE NOTICE THAT this Honourable Coust shall be moved on the 2015 #9 lock nthe forenoon o soon thernter as Counsel forthe Pitt Applcace - _may be hear.on an application for ORDERS: 4. THAT the Defendant stement of Defence heen be herby stuck out 2. THAT Judgment be enteret agai the Defendants as payed in the Plain, 3. THAT the mater proceed foe formal prot 4 THAT thecost ofthis entre suit and he application be bore by the Defendant WHICH APPLICATION is nse onthe following grounds THA: 4) The Defendants Statements of Defence disclose no defence in law, Te same sre bot a sham and are without merits. 1) The Defendants’ Statements of Defence constitute mere denials and rise no ‘rable issues, ©) The Defendants’ Statements of Dafenoe amount tan abuse of the cout process as they are vague, ambiguous and raise imumaterial ater, The some ‘calculated to frustrate the course of uss inthis suit. 4) The 2» Defendant's Defence is improperly on recon, as counsel forthe same has not entered appearance, Page | 1| (1 ©) The Witness statements are improper in frm, a they do not contain facts within the Witnesses’ knowledge WHICH APPLICATION 18 SUPPORTED BY the ennowd affidavit of TONY -MOCHAMA and further grounds tobe adduced atthe heating, ayor APRIL cH parepanamontiis 28 PO BOX: NAIROBI. Ref 12591. "To Be Served Upon: 1. CENTRE FOR RIGHTS EDUCATION AND AWARENESS (OFF CONVENT DRIVE CCHALBI DRIVE, HOUSENO. 53 LAVINGTON, P.0.BOX T1964 0100 [orRN- TRA] ‘NAIROBI 2. BLN. KAMAU& COMPANY ADVOCATES FORTIS SUITES, 5" FLOOR HOSPITAL ROAD P.0.BOX 1421 - 00100 [REE BNE/CIV/WM381/15) NAIROBI “Yfany party seroed dos not ettend Court at th tine and place above mentioned suck Ones sole mae and provetings taken as the Cour ay think ust expedient Page 2REPUBLICOF KENYA, (CHEE MAGI TIN) ILCASEN TONY MOCHAMA. -15* DEFENDANT/RESPONDENT. 28° DEFENDANT/RESPONDENT. SUPPORTING AFHDAV) 1, TONY MOCHAMA, a male adult of sound mind currently residing an working for _gain in Nairobi, n the Republic of Kenya make oath and stat as fllowes- 4. THAT T am the Plain inthis sult, conversant with the facts of this matter herein therefore duly competent to swear this affidavit 2 THAT th suit wa fed on 276 January, 205, praying for ier alia, a mandatory injunction as agsnst the 1" and! 26 Defendants, general damages, as well ox punitive, aggravated and exemplary damages [Annexe hereto and marked a5 TMH isa true copy ofthe plain filed herein), 3. THAT the Defendant filed a statement of Defence on 11® March 2015 [Annesed hereto and marked as TM2 is a true copy of the 1" Defendant's ‘Statement of Defence filed on 11 March, 2015] 4: THAT the 2 Defendant filet her Statement of Defence on 126 March, 2018 {Annexed hereto and marked as TMS is a true copy of the 2o! Defendant's Statement of Defence fled on 12 March 2015] 5 THAT I am informed by my Advocates on record, Messrs, Sichangi Partners Advocts, (hereinafter refered toas ‘my advocate!) which information Ivey believe to be true that the Defendants’ Statements of Defence disclove no defence in Taw and are both a sham, Iam further informed that they raise no tbe ‘soues and are an abuse ofthe cout process, geared to frustate my pursuit of justice, Page |36 ‘THAT am further informed by my advocates on record, which information 1 ‘erly believe to be tru, thatthe Conse forthe 2 Defend is ot propery on ‘ecard inthis mater, nd as suc, the Defence and witness statements ed by ‘the 2" Defendant are mmpropey on record 7. THAT Lam ala informed by my advocates on reer, which information verily "ative ob rv thatthe wines satement le by the }* Defendant are fatally ¢ Defendant 19. THAT in the subsoquent statements post on sid social media platform, the 1# Defendant proceeded to acess vaious organisations that I am affiliated to, ‘with an aim of having them discontine said afilitions. 20, THAT the 1* Defendant continued in the same trajectory and as such caused t0 be writen and published statements that were defamatory and injurious t9 my’ reputation, family, as wells my Hiveltiood, Page |S21. THAT the 2>t Defendant, on 23+ September, 014, posted a statement on the same soci media platform, Tote, alluding othe issue and stating “I came ‘home. [was on hiatus, Resting. Being with loved oes. This happened, Tomes” 22. THAT in o doing, the 9 Defendant intimated thatthe alleged incident took plac, which sa falsehood, ints entity. 23. THAT intead of making « report ofthe alleged incident to the Police, the 1 and 2 Defendant sought audience ona socil medi site with wide province, ina tempt to sett od ideological scores, while hiding under an ostenstie quest forjustice, 24 THAT | have been informed by my Advocates on record Messrs. Sichangi Pariners Advocates, which information I verily boleve to be tiie, tat the Defendants were asked, va a demand letter dated 3+ October, 2014, to cease and Aesist from malicious publications as agsint myself which were intended t Dring my name inta disrepute [Annexed hereto and marked as TMS is tre copy ofthe Demand Letter dated 38 October, 2014) 25. THAT the Defendant, in Agrant disregard of the Demand Latte, caried on ith the smear campaign against me dough: Causing tobe written poems and articles withthe intention of taishing ‘yy reputation further AL Atending various shows on television and in so doing, caused more bight tomy reputation. ML Causing me to be the subject ofa potce investigation. 26. THAT I am informed by my advocates on record, Mess. Sichang Partners Advocates, which information I vexly believe to be true, that the witness atements accompanying the Defendants’ Statements of Defence are full of hearsay and as such, lend no credence to the denials contsined in sid Statements of Defence. 27. THAT by the 1* Defendant’s own adavsin, she was not even atthe mesting that was held at her place of residence She hd no way of venfyng the 2 Defendant's account but il went ahead to pubis lbelou statements agninst niyselfwithot any proof Page | 67 THAT the Defendanty actions have greatly lowered may sepulaton inthe crise ny Fees, my colleagues and the general ple, eel ‘considering the gravity ofthe allegations, 2 THAT [have suffered great dea ta result ofthe Deerant’ actions the ear mtatons ve cxused ret cones to my young mscrioge and any ‘nd in portale tomy wife, who etcompelie o defend my reputation {0. THA Ihave further sured les a1 have ben required to appt before my suspended, 91 THAT further, becuse ofthe 1 and 2 Defendant’ malicious statements, 1 {ure Bad to suspend my weekly newspaper calima, which appears ln the Saturday Standard newspaper, ‘Sitter Smitten 2 THAT in ation w al the above Ihave hat endure compromise of my ‘sociation with Kwan! Tst SS THAT I have, quite understandably, suffered great personal anguish and ‘motional upheaval on account ofthe Defendants’ falashore SA SHAT am informed by my advosteson cord, which information verily betiewe tobe tae tht onthe totality ofthe foregoing averments the Staemene of Defence ae clearly a sham, beret of any merits and raise no table ioores ‘They also raise no defence in aw. 36, THAT I swear this Afidavit in suppor of te application filed herewith. Page|7THAT whats stated herein is tue to thebestof my knowledge unless otherise stated fn which even itis true fo the best of my information sources whereof have bene disclosed, SWORN at Natrobi by the sid TONY MOCHAMA sis OB" ayer APRIE ans Page|?REPUBLIC OF KENYA, THE CHIEF MAGISTRATES MILIMANI.COMMERCIAL COURTS TONY MOCHAMA rF WAMBUTMWANGT... DEFENDANT SHAILIA PATEL ssoscse .2* DEFENDANT. 1" DEFENDANT'S REPLYING AFFIDAVIT IDR. WAMBUI MWANGI of P.O. Box lower Kahete Nairobi in the Republic of ‘Kenya hereby make OATH and state as follows:- 1. THAT Jama female adult of sound mind conversant with the facts ofthis suit and daly competent to swear this affidavit, 2, THAT I have read the plaintif’s application together with the supporting affidavit and understood the contents therein, 3, THAT in reply to paragraph 5 of the plaintiff's affidavit, I hereby state thet, my defence on record is not a sham and it raises triable issues which can ‘only be determined at the full hearing of this suit. 4. THAT I have further been adviced by my lawyers that all allegations contained in the plaintiff's affidavit are frivolous, vexatious and the plaintiff will not suifer any prejudice if this suit proceeds for full hearing, 5. THAT paragraph 7,8, and 9 of the plaintiff's affidavit are false 6, THAT paragraph 10 and 11 of the plaintifi’s affidavit are false. THAT in eply to paragraph 12 ofthe applicant's affidavit, I state that the 2" Defendant's account of sexual harassment to the 1 Defendant were first and and not second hand as alleged bythe applicant.10. 13, ‘THAT all the issues raised up by the plaintiff in his affidavit can only be determined atthe fall hearing of the suit. THAT the plaintiff will not suffer any prejudice if this suit proceeds for full hearing and it will be inthe interest of justice to do so. THAT the plaintif’s application does not justify «grant of the orders sought. ‘THAT the applicant’s application is incompetent so far as the same is based upon evidence and my defence discloses a reasonable defence. ‘THAT the plaintiff's application is premature and denying the 1* defendant 4 hearing, will render a lot of injustice to me, if the orders sought are granted, THAT what is stated is tr to the best of my knowledge unless otherwise stated and it is true to the best of my information sources whereof have been disclosed. SWORN AT NAIROBI BY THE SAID DR. WAMBUL MWANGI COMMISSIONER FOR OATHS IS sao Mas e015 arb Marg, ) ) ) ) ) ) ) ) ) DRAWN & FILED B BN. KAMAU & COMPANY ADVOCATES FORTIS SUITES, 5"" FLOOR HOSPITAL ROAD P.O BOX 11421-00400 NAIROBL Ref: BNKICIV/WMISSI/IS‘TOBE SERVED UPON. SICHANGI PARTNERS ADVOCATES MILL PLAZA, 10" FLOOR COMMUNITY, OFF NGONG ROAD P.O. BOX 33223-00600, NAIROBI SERVED UPON CENTRE TOR RIGHTS EDUCATION AND AWARENESS ‘OFF CONVENT DRIVE, CHALBI DRIVE, HOUSE:NO. $3 LAVINGTON, P.O. BOX 1196440100 NAIRORL —~OFRN:tRajREPUBLIC OF KENYA THE CHIEF MAGI UR: ‘MILIMANI COMMERCIAL COURTS CIVIL SUIT NO. 399 OF 2 TONY MOCHAMA, AINTIFF WAMBUI MWANGI ‘DEFENDANT SHAILIA PATE 1° DEFENDANT'S GROUNDS OF OPPOSITION The 1* Defendant herein opposes the plant's application dated 28" April 2015 on the following grounds. DEFENDANT 1. The Application lacks merit 2 The 1" Defendant ‘s defence raises triable issues which can only be ‘determined atthe hearing ofthe suit 5. Noprejudice would be suffered by the applicant if this suit proceeds for full hearing. 4. Ttwoutld be inthe interest of justice to allow the suit to proceed fora ful hearing, 5: The plintifs application doesnot justify a grant ofthe orders sought ‘The notice of motion is incompetent so as the same is based upon evidence contrary to order 2 Rule 15(2) ofthe civil procedure rules, 7. The 1" Defendants statement of defence discloses a reasonable defence.29 8. The notice of motion is an abuse of the court process forthe reason thatthe striking ou of the I" defendant's statement of defence will not condusively determine the claim herein tL DATED at NAIROBI this... 14 cody of, Wet nse BOIS BN, lfc esinane bE ADVOCATES FOR THE 1" DEFENDANT voca’ at DRAWN & FILED RY; ‘BN, KAMAU & COMPANY ADVOCATES FORTIS SUITES, 5" FLOOR HOSPITAL ROAD 2.0 BOX 11421-00400 NAIROBI. Ref: BKICIVAWMISSI/IS ‘TOBE SERVED UpoN:- SICHANGI PARTNERS ADVOCATES HILL PLAZA, 10"* FLOOR COMMUNITY, OFF NGONG ROAD P.0, BOX 33223.00600 ‘NaIROn, ‘TO BE SERVED UPON; CENTRE FOR RIGHTS EDUCATION AND AWARENESS OFF CONVENT DRIVE, (CHALBLDRIVE, HOUSE.NO. 3 LAVINGTON, P.O. BOX 11964-00100 NAIRODL [OFF A)an REPUBLIC OF KENYA, CHIE M, ‘TES COUR} MILIMANI COMMERCIAL CouRTS CIVIL SUIT NO, 399 OF 2015 -VERSUS- WAMBUI MWANGT SHAILIA PATEL ..2" DEFENDANT 1“ DEFENDANT’S DEFENCE 1. Save what is hereinafter specifically admitted, the 1" Defendant denies cach tad very allegation contained in the Plant as ifthe same were set out and traversed seriatim. 2. The *Defendet admits paragraph 2 ofthe plant save that her address of service for the purpose of this suit shall henceforth be care of M/S B.N KAMAU & CO. ADVOCAYES, FORTIS SUITES, HOSPITAL ROAD, 5° FLOOR, P.O BOX 11421-00400 NAIROBI. 3. The 1" Defendant denies she wrote or published malicious, defamatory and isperaging statements a alleged in paragraph 4 ofthe plant and puts the plintf tostrict proof thereof "© tm 1s a it vide he 20 Seer ts yc neg tf 2 Sen 5 The 1" Defendant denies the contents of paragraph 6 ofthe plant and puts the plaintiff sit proot thereat 6 The 1 Defendant totally denies paragraph 8 of the plaint and pus the plaintiff to strit proof thereof 7 The 1 Defendant avers thatthe pleadings before this Honourable Court are fatally defective, inform and substance, show no reasonable cause of action at all and shall apply forthe same to be struck out8. The 1* Defendant denies all the particulars of libel particular eny of malice as alleged by the plaintiff and puts the plintif to strict proof thereof, 9. The 1" Defendant denies paragraph 9 of the plant in Toto and pots the plaintiff to strict proof thereat. {0.The 1” Defendant has no knowledge of paragraph 10 and puts the plaintiff to strict proof thereof, 1. The I" Defendant denies paragraph 11 and 12 of the plant and puts the plaintiff to strict proof thereof. ® 12.Poragraph 13 of the plant is admited, 15. The jurisdiction ofthis Honourable Court is admited ‘REASONS WHEREFORE the Defendant prays thatthe Plaintif’s suit be dismissed with costs x { dh DATED aNatnon is sty CL SON 8 BN ‘& COMPANY ADVOCATES FOR THE [" DEFENDANT Rew & FILED BY: N.KAMAU & COMPANY ADVOCATES FORTIS SUITES, 5" FLOOR HOSPITAL ROAD P.O BOX 11421-00400 [NAIROBL Ref: BNK/CIV/WMIS81/15 ‘TO RESERVED UPON:- SICHANGI PARTNERS ADVOCATES HILL PLAZA, 10" FLOOR COMMUNITY, OFF NGONG ROAD P.O. BOX 33223-00600 ‘NamRopy Toe seRven SHAMIA PATEL NATROB,Centre For Rights Education And Awareness (Creaw). Off Convent Drive, CChalbi Drive, House No. 53 Lavington, P.O Box 11964-00100, ‘Nairobiree at Se APR WITNESS STATEMENT No. 3a |. WAMBLI MAN! reside t Spring Valloy with iy husband ery Rly. {am a witness in ii coe. wae a member of acy n the Depareant of Plt Sconce at Vator Gotege re ten in the Deparment of Polcl Science atthe Univers of Toronto before etuing a enya to work at the Aga than Universtys Faculty of As and Sclences. | am now a1 Independent scholar, witar and photographer. Iam vey supporto of th ais and have a =pecalinterestin Kenyan poets, ‘Dytcrot Onsen, a Kenyan poeta a tnd of mins: had ashame he old se my house nthe teroon of 20 September 2014 host mtg of oats at which same vatng yoo whe had come fo Naot fr th Storymoa Ltrry Fesval eau reat Kenyan pools end . The matter was transferred from OCS Spring Valley to OCPD Gigi fot further investigations. In January, 2015 the sald police ile was transferced fo DPP office 0 advise on the way forward, Further to the above, the statement that the 1" Defendant published was not defamatory as alleged by the Plaintiff but that was true picture of what took plece at her! residence. The Plaintiff i put to. sttict proc of the allegations of defamation, fendant denies the allegations of malice as directed against ber and states that the, Plaintiff has no cause of action enforceable against the 2 Defendant in view of the sbove, 37Wr cin ‘e. The 20 Defendant has every right to free speech is protected under Article 33 () ofthe Constitution of Kenya 2010. 15, The 2% Defendant isa stranger to the particulars of loss alleged by the Plaintiff Liability is denied nonetheless. 16. The juridition ofthe courts admitted, REASONS WHEREFORE the Defendant prays that the Plaintif's suit be lsmised with cost. Dated at Nalobi this 12" day of APH! 201, Bersirani Jacqudlng Agenda, ‘Advocate For The 2 Defendant, Drawn & Filed By: ‘To Be Served Upon: ‘Centre For Rights Education & Awareness, Sichangi Partners Advocates, OFF Convent Brive. Hl Plaza, 10° Floor, CChalbi Drive, Hause No, 53 Lavington, ‘Community, Off Ngong Rosds P.O Box 11984-00100, P.0. Box 33223-00600, Nata ‘Nairobl.PLAINTIFF Versus WAMBUI MWANGL.... 1" DEFENDANT. Wamibui jaan Spring Valley within Neirobi County. I was invited tothe meeting by ‘Michae Oasando, a young Kenyan poet I have mentored for the past year. The invitation was ‘extended fo me in person by Michael Onsando, The meeting, chaired by Kwame Dawes, founder ofthe Aftcan Poetry Book Fund (APB), was convened to introduce the work of APBF to upcoming poets in Kenya. Professor Movangi and Mr Riley are close fiends of mine. Kwame Dawes isa valued colleague; we featured together ina fivecity Poetty Africa ‘our in 2011, during which he atended a seminar I presented at Wits University in Johannesburg on the ICC Kenya tral. vas eager to welcome Mr. Davies to Nairobi and 1 offered to help Mr. Onsando prepare for the meesing and clean up afterwards ‘Larived at the residence at 11 30am bringing Professor Keguro Macharia with me. We found Professor Wembui Mwangi and Jery Riley at home, Shorly afterward, Clifton Gachagu, ‘Stephen Partington and Michael Onsando acived, Michael and I erred chairs fom the house fo the outdoor patio atthe back af the house, where the meeting wes ta tae place, ‘Other participants began to artve after 12.00pm_ Professor Machariasné Clifton Gachagua Teft around 1230pm for Storymoja Fesval at the National Museum, Professor Muang left {forthe Storymoja Festival around 1pm. Before she el she told me to stay on a her home aftr the poets! meeting, as she wanted to spend some time with mein the evening, after she retumed from the Storymoja Festival. Shortly after Profesor Mwangi le, the throeimerasional poets arived - Kwame Dawes, Mathew Shenoda and Laden Osman, The ‘meeting was held onthe outside back patio of Profesor Mwangi and MC. Riley’ home, ‘Thirteen people attended in toa, The pantcipants that I had met previcusly were Kwame Daves, Michael Onsando, Stephen Partington and Tony Mochama. All participants were seated in a circle around two small joined tables. We had sizaple lunch of pizas and juices. Mr. Dawes described the gous and work of the African Poetry Book ‘Fund. The pizzas were ordered by Michael Onsando while the discussion was ongoing. At about 2.00pm, Tony Mochama entered the meeting with a companion. He was holding two botes of liquor. One was half-consumed and the other one was fll and sealed. At this point, ‘he group hd been in discussion foran hour, After Mr. Machama’s arrival, the pizas was brought hy Michael Onsando tothe conference table. ‘Tony Mochama interrupted the discusion by going round the table and hugging various people He approached me, leaned towards me, and from a sanding positon, hugged me in yy seat without my consent or invitation. did no hug him back. I did not want to disrupt the tering by protesting. After he had seated himself, Mr, Mochama then proceeded to ijack the meeting with