Machakos Governor Alfred Mutua has threatened to sue former Kathiani MP Wavinya Ndeti for defamation.
Through his lawyers B.M Mungata & Company advocates, Mutua on April 10, 2018 wrote a notice to Ndeti on the matter demanding:
(i) Immediate admission of liability for defamation of our client's character, whereupon assessment for quantum of damaged may be commenced;
(ii) Unqualified public apology published through your official facebook and widely circulated in other media;
(iii) An undertaking not to henceforth engage in unfounded propaganda against our client.
"TAKE NOTICE that unless you comply with this demand within 7 days from the date of this letter, our mandatory instructions are to institute legal proceedings against yourself without any further reference to you whatsoever, at your peril as to costs, damages and other incidentals arising therefrom," reads the letter in part.
"We act for Dr. Alfred N. Mutua, herein after referred to as our client. Our instructions are that, on various occasions, you have made wild, malicious, unfounded, deceptive and misleading allegations against our client. In particular, we are instructed that:
(i) On or about 19th December, 2012 you made statements in the media linking our client to the shooting of your father;
(ii) On or about 2nd July, 2017 you made allegations that Machakos County procurement and finance offices were to be burned down, an occurrence which has never happened to date, and linked the same to our client;
(iii)On 10th August, 2017 you reported to Machakos police via OB No. 2 of 10/08/2017 that a Veronica Mbithe had approached a Mr. Samuel King’oo Mumo offering to bribe him Kenya Shillings Three Million (Ksh.3 million) to aid in a conspiracy to kill you, an allegation which was flatly denied by the said Mr. Samuel King’oo when you produced him accompanied by your sister to record a statement with the police on 12th August, 2018 while yourself and Ms. Veronica Mbithe refused to record statements which clearly discerns your knowledge that the statement was false;
(iv) Additionally, on 11th December, 2017 after a court session for hearing of the election petition you had lodged against our client, you stage managed a scene in the Court precincts making wild allegations that our client’s protocol officer had threatened you with a gun, a fact which you knew was false. Video footage by independent media who were present showed that you were lying and dramatizing as confirmed later by police investigations.
Our client is particularly disturbed by your repetition of the same claims in a post in your facebook page on 9th April, 2018 at 10.32pm, in which you falsely stated as follows...
It is our client’s factual contention that your statements are intentional outright lies and propaganda calculated to seek sympathy and to portray you as a victim of imaginary persecution. Needless to say, it is instructive to know that on Monday, 9th April, 2018 at 4.30p.m, the time you claim our client was seen driving near your home, our client was at an airport, 500kms away waiting to board flight KQ No. JM 8645 to Nairobi.
He was in clear view of hundreds of people including senior Kenya government officials. This fact alone exposes you as a shameless and blatant liar out to mislead the public and damage our client’s hard earned international reputation. The allegations you have made against our client, which have been published on your facebook page and circulated in other media, false as they are, are understood to mean that our client is a criminal and a person without integrity.
They portray our client in bad light and lower his standing in the eyes of right thinking members of the society. They are also inciting, provocative and demeaning. Under the circumstances, our instructions are to pursue you for both defamation and criminal culpability arising from your continued reckless statements.
A police complaint has been lodged via OB No. 29 of 10/04/2018 at Machakos police station. It is our case that your behavior is criminal and portrays you as rogue, a liar, an inciter and a dishonest person who uses opportunistic, mischievous and scandalous ways to achieve her intentions.
Ndeti has admitted she posted the claims on her Facebook and Twitter accounts that her life is in danger linking Governor Mutua to her personal security threats.
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