REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

CIVIL CASE NO. ------------- OF 2017

PROF. JULIA OJIAMBO ..........................1ST APPLICANT/PLAINTIFF

KENYA NUTRITIONISTS & DIETICIANS
INSTITUTE -------------------------------------------- 2ND APPLICANT/PLAINTIFF

VERSES

CYPRIAN NYAKUNDI ------------- ..RESPONDENT/DEFENDANT

CERTIFICATE OF URGENCY

I, VIOLET LANDA WEKESA an Advocate of the High Court of Kenya do

hereby certify that this Application is urgent because the
Respondents/Defendants continue to defame the Applicants/Plaintiffs
through hosting defamatory content on an electronic medium that is
continuously assessable to members of the public

Dated at Nairobi this -------------- day of -------------------------------- 2017

VIOLET LANDA WEKESA

DRAWN & FILED BY:

MONI WEKESA & CO

ADVOCATES
KIPRIKO COURT SUITE B3
P.O. BOX 4701-00100
NAIROBI

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 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. ------------- OF 2017

PROF. JULIA OJIAMBO ..........................1ST APPLICANT/PLAINTIFF

KENYA NUTRITIONISTS & DIETICIANS
INSTITUTE -------------------------------------------- 2ND APPLICANT/PLAINTIFF

VERSES

CYPRIAN NYAKUNDI ------------- ..RESPONDENT/DEFENDANT

CHAMBER SUMMONS

(Under Sections 3, 3A, 63 (C) Civil Procedure Act, Order 39 Civil Procedure Rules and
all other enabling provisions of the Law)

LET ALL PARTIES CONCERNED attend the Learned Judge on the ----------- day of
---------------------------- 2017 at 9.00 Oclock in the forenoon or so soon thereafter on the
hearing of an application by the Applicants/Plaintiffs for ORDERS:-

1. THAT this Application be heard Ex parte in the First instance and be certified as
urgent

2. THAT prayers 3, 4, and 5 herein be granted Ex parte pending the hearing and
determination of the said application.

3. THAT the respondent/defendant whether by themselves, their agents or servants

and/or any other person acting on their behalf be and are hereby ordered to pull
down the story dated 2nd March on the URL link
http://cnyakundi.com/2017/03/overrated-educationist-julia-ojiambo-behind-
rot-at-kenya-nutritionists-dieticians-institute/ immediately and not later than
24 hours after electronic service of this order upon them.

4. THAT the respondent/defendant whether by themselves, agents or servants and/or

any other person acting on their behalf be and are hereby restrained by an
injunction from hosting, circulating, distributing, selling, any further publication or
any other dealings with the story dated 2nd March on the URL link
http://cnyakundi.com/2017/03/overrated-educationist-julia-ojiambo-behind-
rot-at-kenya-nutritionists-dieticians-institute/ touching on the
Applicant/Plaintiff in print or electronic form

5. THAT the respondent/defendant be and are hereby ordered to issue an apology to

the Applicants/Plaintiffs using the same medium

6. THAT costs of this application be awarded to the Applicants/Plaintiffs.

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WHICH APPLICATION is founded on the following grounds:

1. THAT the 1st Applicant/Plaintiff is the Chair of the Council of the Kenya
Nutritionists and Dieticians Institute

2. THAT the 2nd Applicant/Plaintiff (hereinafter only referred to as the Institute or

KNDI ) is a body corporate established under s.4 of the Nutritionists and Dieticians
Act ( Act No. 18 of 2007).

3. THAT the respondent/defendant has published and continues to publish a story

which first appeared on 2nd March 2017 on an electronic medium URL link
http://cnyakundi.com/2017/03/overrated-educationist-julia-ojiambo-behind-rot-
at-kenya-nutritionists-dieticians-institute/ with the headline Overrated
Educationist Julia Ojiambo Behind Rot at Kenya Nutritionists & Dieticians
Institute.

4. THAT the respondent/defendant has published a story on its electronic link

http://cnyakundi.com/2017/03/overrated-educationist-julia-ojiambo-behind-rot-
at-kenya-nutritionists-dieticians-institute/ with the following words-

a. Headline Overrated Educationist Julia Ojiambo Behind Rot at Kenya

Nutritionists & Dieticians Institute.

b. On the second page a photo of 1st Applicant/Plaintiff with a caption below it

which reads These overrated educationists are the same characters who
created the retarded 8-4-4 system.

c. At p. 3 para 3 [] Sadly, as its the norm in our country, we excel at

coming up with laws but leave the implementation to a bunch of short-
sighted, narrow minded and most of all, greed driven individuals. KNDI is no
exception as Ive come to learn painfully.

d. Page 7 para 7 You see at the helm of KNDI is one Julia Ojiambo a
nutrition scholar and seasoned politician whose name only started popping
up of late thanks to her political party opening its doors to a certain
disgruntled mheshimiwa.

e. Page 8 CAPTION: Professor Julia Ojiambo is the invisible stalwart who has
been a stumbling block in efforts to align KNDI to fit todays aspirations.

f. Page 8 para 5 This is exactly what happens when self-interest

overpowers reason even in the most educated of minds.

g. Page 9 para 1 Apparently it [KNDI] has only taken their money in the
name of licences and penalized/fined the defaulters with some very hefty
fees.

h. Page 9 para 3- line 11 Worse, bodies like KNDI dont help and are only
further worsening whats clearly a neglected and highly misunderstood
profession.

5. THAT the 1st Applicant/Plaintiff has not created any rot at KNDI para 5 (a) above.

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6. THAT the 1st Applicant/Plaintiff was not a member of the Commission that
recommended the 8-4-4 education system as alluded to at para 5(b) above.

7. THAT the 1st Applicant/Plaintiff IS NOT one of a bunch of short-sighted, narrow

minded and most of all, greed driven individuals as alluded to under para 5 (c ) but
rather through her stewardship of KNDI much by way of quality assurance in the
training of nutritionists and dieticians and the general regulation of the profession
has been achieved, to wit ( as can be seen from KNDI website -
http://www.kndi.institute/pages/downloads.htm)

a. A strategic plan

b. A core curriculum that caters to uniform standards of training in all

institutions in the country

c. Mechanisms for accrediting institutions have been put in place

d. Mechanisms for indexing monitoring students from registration to

graduation have been put in place

e. Guidelines have been developed for internship and indexing of students

f. Guidelines for a uniform examination have been generated

g. Mechanisms for internships have been created and implemented

h. KNDI has ensured that jobs for nutritionists and dieticians go to properly
trained and qualified individuals in line with the Act

i. There is a robust institution for implementing the Act

8. THAT contrary to the statement quoted at para 5(d) above, 1 st Applicant/Plaintiff is

a renowned academician and politician who is well known and has been so for a
long time.

9. THAT contrary to the averment quoted at para 5(e) 1 st Applicant/Plaintiff has not
been a stumbling block to the implementation of the KNDI Act (see para 8 supra).

10. THAT contrary to the averment in cited at para 5(f), the achievements under para 8
(supra) do not reflect self-interest, but rather sacrifice on the part of 1 st
Applicant/Plaintiff to start a new organisation and implement a new law.

11. THAT contrary to the allegations as contained in para 5 (g) above, KNDI has used
and continues to use monies collected for various purposes well (see -
http://www.kndi.institute/pages/downloads.htm).

12. THAT to an ordinary reader this can be interpreted to mean that the 1 st
Applicant/Plaintiff has created authored or generated a rot at the Institute; AND
FURTHER THAT the Institute is rotten.

13. THAT the publication of the said materials is actuated by malice there being no
scintilla of truth in them.

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 14. THAT the publication of the said materials is meant to portray the 1 st
Applicant/Plaintiff as an extremely reckless, selfish, greedy and bad hearted person.

15. THAT the publication of the said materials is meant to portray the 2 nd
Applicant/Plaintiff as an extremely rotten and useless person that does not cater to
the needs of the profession.

16. THAT the materials complained of have the effect of lowering the esteem of the
Applicants/Plaintiffs in the eyes of right thinking members of society.

17. THAT the materials complained of have injured and continue to injure the
reputation of the Applicants/Plaintiffs.

18. THAT unless the Respondent/Defendant is restrained as prayed, they are likely to
continue injuring the reputation of the Applicants/Plaintiffs.

19. THAT this Honourable Court is bestowed with the power to grant the orders sought
for the interests of justice to be best served.

THIS APPLICATION is further supported by the annexed affidavit of PROF. JULIA

OJIAMBO.

DATED AT NAIROBI this ................. Day of ............................... 2017

MONI WEKESA& CO

ADVOCATE FOR THE PLAINTIFF/APPLICANT

DRAWN AND FILED BY:

MONI WEKESA & COMPANY
ADVOCATES
KABARNET ROAD OFF NGONG ROAD
KIPRIKO COURT SUITE B3
P.O. BOX 4701-00100
NAIROBI

TO BE SERVED UPON:
CYPRIAN NYAKUNDI (e-mail- CyprianNyakundi@gmail.com)

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