REPUBLIC OF KENYA

IN THE HIGH COURT AT NAIROBI

CIVIL SUIT NO. OF 2011

JANE MUGURE……………………….…………………..…..….………
PLAINTIFF

-VERSUS-

SAMUEL GITHINJI…........………...…….…………….…....………..
DEFENDANT

PLAINT
1. The Plaintiff is an adult female of sound mind residing, working for
gain as the Director of Elyon Trust Organization and a prominent
business lady in Nairobi within the Republic of Kenya and her address
for service for the purposes of this Suit shall be care of MESSRS.
OJIENDA & COMPANY, ADVOCATES, VIEW PARK TOWERS 2 ND
FLOOR UHURU HIGH WAY, P.O. BOX 17245-00100, NAIROBI.

2. The Defendant is a male adult of sound mind and working for gain in
Kikuyu within the Republic of Kenya. His address for the purposes of
this suit shall be care of P.O BOX 12611 – 00100 NAIROBI.(Services
of Summons shall be effected through the Plaintiff’s Advocates)

3. The Plaintiff avers that the Defendant is the Chairman of a group

called Kimuri Farmers, who are 42 in number and who enrolled in
Elyon Trust Organization as members in February 2011.

4. The Plaintiff further avers that the Defendant has on many occasions
tried to extort money from her but his efforts have been fruitless. This
has led to strained relations between the two parties.

5. On or about 4th June 2011 Defendant organized an impromptu meeting

for the members of Kimuri Farmers. The agenda was to break the
group from Elyon Trust and to convince the members to cease from
being members and to reject agricultural products from her. At the
time the Plaintiff was a constant supplier of chicken and dairy cows
 and at the same time was in the value addition project to the farmers’
sustainable income projects.

6. The Plaintiff avers that in the said meeting in presence of all the
members he stated the following defamatory and malicious words,
“Jane is con-woman, a fraudster, a cheap liar, who has no
hatchery, and is not able to give anyone any loans but
continues to steals our money and she will not be able to
refund our shares as she has no money.”

7. On or about 7th June 2011, the Defendant maliciously without consent

from plaintiff and justifiable cause wrote to the Hon. Mr. Nguyai, the
Member of Parliament for Kikuyu and copied the same letter to the
‘DC’ Kikuyu Division and O.C CID Kikuyu, one Mr. Hassan containing
the following words defamatory to the plaintiff:

“We the members of a Group called KIMURI

FARMERS enrolled ourselves in the office of Elyon
Trust which is situated in Westland’s in Mpaka Plaza
4th Floor.

The Purpose of coming together and buying the

registration at Kshs 350 per person was prompted by
our dire need to improve the agricultural sector in
your constituency. We are all Christians and we
trusted the above firm as its Director had convinced
some of us in an informal sector meeting you had
convened in February 2011 at Kikuyu Township
Primary School.

The Lady Jane Mugure Muthee (director of Elyon

Trust) in her conduct has convinced us, (members of
the Trust) that she will never be truthful in offering
the services she promised to offer in the informal
 sector but to defraud as many constituents as she
can. We shall remain vulnerable to her tactics if you
do not come to our rescue. We first and foremost
would like to have the money saved by us in her
account refunded to each person as listed here
below.

Please note that Jane Muthee has gone round almost

in the whole of Kiambu, Murang’a and Kirinyaga
collecting a lot of money in the pretext that she will
assist the MPs of those areas in the informal sector.
She is checking out of Kenya on 13-06-2011 for
China from where she is likely to go elsewhere and
not return to Kenya. We request you to move fast sir,
to stop her Visas until she has refunded the money.
She is very dangerous to the common person and she
will spoil you good office in the public. We have
great respect for you “Mheshimiwa” and we cannot
allow an outsider to interfere with your office and
wonderful integrity which has not been questionable.
Please fight and to stop this evil woman who is now
on your path of life.”

8. The Plaintiff avers that the words complained of in paragraph 6

and 7 were false and maliciously authored, printed and/or
published.
9. In their natural and ordinary meaning, the said words meant and
were understood to refer to the plaintiff and to mean:-
a) The Plaintiff is a thief.
b) The Plaintiff is a conniving individual.
c) The Plaintiff is a con-woman
d) The Plaintiff is a liar.
e) The Plaintiff is a fraud.
f) The Plaintiff trickster.
10. Further or alternatively the said words bore and were
understood to bear the meaning pleaded in paragraph 9 by way of
innuendo.

11. The plaintiff will rely on the following facts and matters in
support of his claim: -
a) The Defendant ought to have known that the Plaintiff
constantly travels out of the country on a constant basis for
business endeavours on her own behalf and on behalf of the
Elyon Trust.

b) The Defendant ought to have known that the Plaintiff is a

constant supplier of chicken and had been doing the business
for a long time now.

c) The Defendant ought to have known that the Plaintiff’s family

and business are based in Kenya and has no intention of
travelling and changing abode to China.

d) The Plaintiff’s trust is capable and able of giving out loans to

its members.

e) The Plaintiff ought to have known that the money invested by

members of the Trust is used for their own benefit and of the
community and not for her own gains.

f) The Defendant ought to have known that the Plaintiff is a

reputable member of the society and thus her name has been
tarnished.

g) The Defendant ought to know that the Plaintiff’s character

would be eroded in the eyes of right thinking members of the
society.

h) The Defendant ought to have known that the Plaintiff’s

respect and honour accorded before has been eroded.

i) The Defendant ought to have known that the Plaintiff cannot

enjoy social standing in the society as before.
 j) The Defendants ought to know that the false publication
would disparage the Plaintiff both economically and socially.

k) The Defendant ought to know that the false publication

would cause the Plaintiff pecuniary, professional and moral
damage and prejudice the Plaintiffs activities and mandate.

12. The plaintiff will further rely on the following facts and matters
in support of his claim for exemplary damages:
a. The Article was published in a prominent and sensational
manner.
b. The Defendant was the author of the document.
c. The Defendant solely organized the meeting to tarnish the
image of the Plaintiff.
d. In the Knowledge that they were libelous and /or recklessly
disregarding as to whether or not they were libelous.
e. Having established that the prospect of material advantage
to him outweighed the prospects of material loss.

13. Before the publication of the said libel the plaintiff enjoyed good
social status and respect as an individual of the society and a
respected business woman.

14. The Plaintiff has suffered substantial business loss from

intended retailers who were present in the meeting and are
members of the Trust.

15. The Plaintiff contends that members of Kimuri Farmers have

since broken away from the Elyon Trust after the Plaintiff has
injected financial interests in their community thus occasioning
losses.
16. The plaintiff further contends that the said publication was
malicious and calculated to injure, disparage and lower the esteem
with which the right-thinking members of the society in general
 regarded and held the plaintiff, and as such he has suffered mental
anguish, psychological torture, distress and embarrassment.

17. The Plaintiff also claims an injunction restraining the Defendant

from further causing publication of libelous articles.

18. The Plaintiff has requested for an apology and amends and
notice of intention to sue has been served but the Defendant has
ignored the said demands.

19. There is no other suit pending and there have been no previous
proceedings in any Court between the Plaintiff and the Defendant
over the same subject matter.

20. This cause of action arose within the Jurisdiction of this

Honourable Court.

REASONS WHEREFORE the Plaintiff prays for Judgment be entered

against the Defendant for: -

(a) Punitive and Aggravated or exemplary damages for libel

(b) General Damages

(c) An apology in terms and text approved by the Plaintiff to be

published in a manner as prominent as the offending
publication.

(d) A permanent injunction to restrain the Defendant and his

servant and or agents from publishing or continuing to publish
articles libelous to the Plaintiff

(e) Costs of this suit

(f) Interest on (a) and (b) above.

DATED at NAIROBI this day of

2011

OJIENDA & COMPANY

ADVOCATES FOR THE PLAINTIFF
DRAWN & FILED BY:
OJIENDA & COMPANY
ADVOCATES
VIEW PARK TOWERS, 2ND FLOOR
P.O. BOX 17245-00100
NAIROBI

TO BE SERVED UPON:
SAMUEL M.T GITHINJI
P.O BOX 12611 - 00100
NAIROBI. (Service of summons to be effected through the
Plaintiff’s
through the Plaintiff’s Advocates office.)
 REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
CIVIL SUIT NO. OF 2011

JANE MUGURE……………………….…………………..…..….………
PLAINTIFF

-VERSUS-

SAMUEL GITHINJI…........………...…….…………….…....………..
DEFENDANT

VERIFYING AFFIDAVIT

I, JANE MUGURE of P.O. Box 80173 Nairobi in the Republic of

Kenya do hereby make oath and state as follows:

1. THAT I am a female adult of sound mind and disposition working

for gain and residing in the City of Nairobi.

2. THAT I am the Plaintiff herein conversant with the facts of this

case and thus competent to make and swear this affidavit.

3. THAT I have instructed the firm of Ojienda & Company Advocates

to file Suit on my behalf.

4. THAT I have read and fully understood the contents of the Plaint
drawn and filed herein by M/s Ojienda & Company Advocates.

5. THAT I swear this affidavit to verify the correctness of the

averments in the Plaint.

6. THAT there is no other suit pending and there have been no

previous proceedings in any Court between the Plaintiff and the
Defendant over the same subject matter.

7. THAT what’s stated herein is true to the best of my personal

knowledge information and belief save where otherwise disclosed.

SWORN at NAIROBI by the said }

}
JANE MUGURE }
}
This day of 2011 } ………………………..
} DEPONENT
BEFORE ME }
COMMISSIONER FOR OATHS }

DRAWN & FILED BY

OJIENDA & COMPANY
ADVOCATES
P.O. BOX 17245-00100
NAIROBI

TO BE SERVED UPON:
SAMUEL GITHINJI
P.O BOX 12611 - 00100
NAIROBI.