Kenya: Senator Chesang, MP Jalango Threaten Legal Action Against Blogger, Daily Over Defamation

12 September 2023

Nairobi — Trans Nzoia Senator Allan Chesang and Lang'ata MP Phelix Odiwuor aka Jalango have threatened to sue blogger Cyprian Nyakundi and a local publication dubbed Weekly Citizen Newspaper for defamation.

Through their legal firm, Cliff Oduk Advocates, the lawmakers have demanded immediate public retraction of the defamatory statement published and sincere apologies for failure to which they will move the court.

In the article published on 11th September Chesang was linked to the gold scam business worth Sh 1 Billion alongside Langata MP Phelix Odiwour aka Jalango and MP Jheeri Zhanda

Through his legal firm, Cliff Oduk advocates, said the article was malicious, reckless, and done without any regard for the substantial loss of his reputation.

"Such unfounded claims not only tarnish the reputation of our Client but also have a detrimental impact on his professional and personal life, thereby undermining his ability to serve his constituents effectively and carry out his duties as a public official. The damage caused by this libel is therefore immeasurable," reads the letter.

In a demand letter addressed to the Managing Director of the local publication, the two lawmakers have also demanded they to cease and desist from any further publication or dissemination of these defamatory statements against them.

"You make an immediate public retraction of the defamatory statement published in the Weekly Citizen newspaper, with equal prominence to the original publication, which retraction should acknowledge the false nature of the allegations and offer a sincere apology to our Client," they stated.

Nyakundi on the other hand has been accused of posting a defamatory tweet on the fake gold scam accusation against the lawmakers which the legal firm decries that it leaves permanent damage on their clients.

"It is common knowledge that all digital activity is public and permanent. Once posted online, a tweet remains on the platform forever. It remains accessible to millions of people countrywide and worldwide and retrievable to anyone who googles the said tweet."

The law firm has demanded correction and clarification be published against the duo to inform the readership that the statements made were false and without merit.

In addition, they have demanded compensation from their Clients for the damage to their reputation, which includes any financial losses incurred as a result of this defamation.

"TAKE NOTICE that if the foregoing demands are not met by yourselves on the date of receipt of this letter, our mandatory instructions are to pursue civil proceedings and/or legal action against both the newspaper and the individuals responsible for this defamatory statement," read the letter.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.