Beruflich Dokumente
Kultur Dokumente
VERSES
PLAINT
FAST TRACK
1. The 1ST Plaintiff is an adult male of sound mind residing and working
for gain in Nairobi within the Republic of Kenya and whose address of
service for purposes of this suit is C/O MONI WEKESA & CO
ADVOCATES, KIPRIKO COURT-FLAT B3, KABARNET
ROAD,P.O.BOX 4701-00100 NAIROBI.
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7. The 1st Plaintiff has held the position of Lecturer at a public
University.
9. The 1st Plaintiff avers that she is a respected personality not only
nationally but also internationally.
11. The 2nd Plaintiff has prepared many materials for effective
discharge of her mandate which materials are clearly displayed on her
website at http://www.kndi.institute/pages/downloads.htm
12. At all material times the Defendant is the publisher of the story
at http://cnyakundi.com/2017/03/overrated-educationist-julia-
ojiambo-behind-rot-at-kenya-nutritionists-dieticians-institute/.
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driven individuals. KNDI is no exception as Ive come to learn
painfully.
17. The 1st Plaintiff avers that she has not created any rot at KNDI.
18. The 1st Plaintiff was not a member of the Commission that
recommended the 8-4-4 education system as alluded to at para 16(b)
above.
19. The 1st Plaintiff states that she IS NOT one of a bunch of short-
sighted, narrow minded and most of all, greed driven individuals as
alluded to under para 16 (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)
i. A strategic plan
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m. Guidelines have been developed for internship and indexing of
students
20. The 1st Plaintiff avers that contrary to the statement quoted at
para 16(d) above, 1st Plaintiff is a renowned academician and politician
who is well known and has been so for a long time.
21. The 1st Plaintiff states that contrary to the averment quoted at
para 16(e) 1st Plaintiff has not been a stumbling block to the
implementation of the KNDI Act (see para 8 supra).
22. The 1st Plaintiff maintains that contrary to the averment cited at
para 16(f), the achievements under para 19 (supra) do not reflect self-
interest, but rather sacrifice on the part of 1 st Plaintiff to start a new
organisation and implement a new law.
24. The Plaintiffs aver that the publication of the said materials is
actuated by malice there being no scintilla of truth in them.
26. The 1st Plaintiff states that the publication of the said material
is meant to portray the 1st Plaintiff as an extremely reckless, selfish,
greedy and bad hearted person.
27. The second plaintiffs avers that the publication of the said
materials is meant to portray the 2nd Plaintiff as an extremely rotten
and useless person that does not cater to the needs of the profession.
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28. Plaintiffs aver that the materials complained of have the effect of
lowering the esteem of the Plaintiffs in the eyes of right thinking
members of society.
29. Plaintiffs are of the view that the materials complained of have
injured and continue to injure the reputation of the
Applicants/Plaintiffs.
25. The plaintiffs aver that the materials complained of have had
the effect of lowering the esteem of the Plaintiffs in the eyes of right
thinking members of society.
27. The Plaintiffs aver that the contents of the said publication were
not only false, malicious and spiteful but also highly defamatory to
them.
d. That the 1st Plaintiff became known only recently due to some
funny political activities.
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g. That the 2nd plaintiff only takes money of members but does not
help them
31. There is no other pending suit between the same parties over
the same subject matter.
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b) THAT the 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 Plaintiffs in print or electronic form
f) Exemplary damages
i) Any other relief that this Honourable Court will deem fit and just to
grant.
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Dated at Nairobi this.Day of.2017
TO BE SERVED UPON:
Cyprian Nyakundi at e-mail: CyprianNyakundi@gmail.com
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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. ------------- OF 2017
VERSES
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TO BE SERVED UPON:
Cyprian Nyakundi at e-mail CyprianNyakundi@gmail.com
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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. ------------- OF 2017
VERSES
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TO BE SERVED UPON:
Cyprian Nyakundi at e-mail CyprianNyakundi@gmail.com
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