REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL SUIT NO. OF 2012
LUGARUSIQ OMONDI……………………………………………………….PLAINTIFF
VERSUS
PINY OWACHO PUBLISHERS LIMITED…………………………………DEFENDANT
“FAST-TRACK”
PLAINT
1. The Plaintiff is a male adult of sound mind residing in Nairobi. His address of
service for the purposes of this suit shall be care of M/s MUNJE &OKUBASU
ADVOCATES, MM CHAMBERS, HELL LANE 4 TH FLOOR, WOODENVALE
AVENUE P.O. BOX 6345-00200 NAIROBI.
2. The Defendant is a limited liability company incorporated in the Republic of Kenya
with its registered offices in the Republic of Kenya. The Defendant is also the
publisher and printer of a weekly newspaper known as Otit Mach, a paper of wide
circulation in Kenya. [Service of summons to the Defendant shall be effected through the
Plaintiffs advocate’s chambers.]
3. In the Otit Mach of 7th to 13th May 2012, the Defendant falsely and maliciously
wrote/printed/published or caused to be written, printed and published
concerning the Plaintiff a story titled “DARK CLOUDS ECLIPSE KOGALO
GROUP” with the following words in its various paragraphs:
“…the man at the helm LUGARUSIQ OMONDI is accused of sexual abuse,
manipulation of lead stories to favour specific candidates in the KPL and without
notice, a slashdown on salaries of senior managers….
Sources say that Lugarusiq has bulldozed the editorial team to favour Tusker FC.
The issue has generated heat at the group with word that journalists who have
scoops of other faces in the KPL fear filing and instead pass it to friends based in
other media houses.
...Lugarusiq has instructed the editorial departments to give firsts priority to any
negative news emerging from the Hell implicating Adam and Eve.
….the same information has to be showed to any information on any negativities in
the OD – WIPER alliance which apart from Adam, Eve and Abel has Footballers
Ondeto Midika and Polo Piach.
4. On the front page of the Newspaper was a photograph of the Plaintiff with a
caption at the top of the photograph stating: “DISCONTENT AT THE KOGALO
GROUP.”
5. The plaintiffs avers that the said words were not only false and maliciously
published but were also defamatory of the Plaintiff.
6. The Plaintiff avers that in their plain and ordinary meaning and by necessary
implication, the above words meant and could only be interpreted to mean that the
Plaintiff is;
a. A scoundrel and rascal.
b. Corrupt and crooked.
c. Conspirator, conniver and schemer.
d. Licentious and promiscuous.
e. Undeserving and unfit to hold any office.
f. Wanting in gratitude.
g. Of an oppressive disposition.
h. Intolerant.
i. Complete social misfit.
7. The Plaintiff avers that the said words towards him were not only actuated by
malice, contempt and spite but were also calculated to and did in fact injure,
discredit, intimidate, lower the estimation of, cause be shunned, expose to hatred,
contempt and ridicule.
8. The Plaintiff avers that the said words were maliciously and recklessly published
and indifferent of the Plaintiff.
PARTICULARS OF RECKLESSNESS, FALSEHOOD, MALICE AND
SPITE
i. Failure/refusal to contact the Plaintiff prior to publishing of the story.
ii. Concealment of the identity of the writer of the words.
iii. Failure/refusal to verify from the Plaintiff the veracity of the false and
extremely defamatory words.
iv. Failure/refusal to afford the Plaintiff an opportunity of responding to or
refuting the falsified allegations.
v. Use of emotive and poignant language calculated at injuring the plaintiff.
vi. Failure to pay due regard to the Plaintiffs reputation.
9. The Plaintiff states that there is no other pending suit between himself and the
Defendant in regard to the same cause of action.
10. Demand has been issued but ignored.
11. The cause of action arose in Nairobi within the jurisdiction of this Honourable
Court.
12. REASONS WHEREFORE, the Plaintiff prays for judgment against the Defendants
for:
a. A permanent injunction restraining the Defendant either by itself or its
servants from publishing the said words or any other words containing
the allegations concerning him.
b. General, exemplary and aggravated damages.
c. Suitable Apology and retraction.
d. Interest on (b) above.
e. Costs.
f. Any other or further relief that this honourable Court shall deem fit to
grant.
DATED at Nairobi this day of 2012
MUNJE &OKUBASU
ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY
TO BE SERVED UPON:
Gor House
3rd Floor
Nairobi Central
P.O. Box 7693-00200
NAIROBI
