Our Ref.: M/0123/003 Date: January 13, 2009
Your Ref.:
Linus Gitahi
Chief Executive Officer,
Nation Media Group
Nation Centre
Dear Sir,
RE: LIBEL CLAIM
DUNCAN MURIUKI
MANIAGO SAFARIS LIMITED
We have been retained by both Duncan Muriuki and Maniago Safaris Limited, our clients to write to you as follows:-
· That Maniago Safaris is a leading tour operator offering exciting safari itinerary, special interest tours, outbound travels, incentive programmes, meeting and conference arrangements, corporate event management, film production and logistic and airline ticketing and with distinguished record in the tourism industry, both locally and abroad.
· That Duncan Muriuki is the Managing Director of Maniago Safaris. He is also the Chairman of Kenya Association of Tour Operators (KATO), the tourism industry stakeholders association. He was until November, 2008 a Member of the Board of Directors of Kenya Tourism Board.
· That Nation Media Group is the leading regional media house and is the proprietor, printer and publisher of amongst other publications, the “Daily Nation” which is published in hard-copies and online and has the largest circulation both in
· On the “Daily Nation “of January 9 2009, the “Daily Nation” falsely and maliciously wrote, printed and published or you caused to be written, printed and published on page 27 of the said issue of and concerning our clients in the words following, that is to say:-
“Tourist Board MD quits over graft claims
His position has been taken over in an acting capacity by Ms Marianne Ndegwa Jordan who was the investment manager at the Kenya Tourist Development Corporation.
Mr. Duncan Muriuki, one of the board members whose firm is involved in the alleged siphoning of 35 million was also suspended and replaced by Mr. Adan Jillo. Tourism Minister Najib Balala said the
· That by the said words in their natural and ordinary meaning, you meant and were understood to mean:-
a. That our clients were guilty of dishonest and dishonourable conduct.
b. That our clients criminally obtained KShs 55 million.
c. That our client which is a tour firm is also engaged in advertising business.
d. That Mr. Muriuki is of dissolute and profligate character.
e. That Mr. Muriuki is unfit to associate with respectable persons.
f. That Mr. Muriuki is unfit to be a Board Member of Kenya Tourism Board.
g. That our clients claimed monies they were not entitled to.
h. That our clients be investigated for corruption and indicted.
· That the said words were published out of malevolence and spite towards our clients as:-
i. Our client’s firm is not an advertising firm and has never carried out any advertising work nor paid for any advertising work.
ii. Our clients never received KShs 35 million for advertising nor any greater or lesser sums or at all for any advertising services.
iii. Mr. Muriuki has never owned any advertising firm nor had any interest in any advertising firm.
iv. Mr. Muriuki was never suspended as a Board Member.
v. Our clients never invoiced the government nor any government organization in the sum of KShs 20 million for the President’s visit to Masai Mara.
vi. That our clients were never paid KShs 20 million and thus there was no money to recover.
· That by reason of the said publication, our clients have been injured in their credit and reputation and have been brought into public scandal, odium and contempt.
· That the said publication being online continues to be republished.
Our instructions are to demand, which we hereby do, your immediate cessation of any publication or republication of the said words or any of them or of any similar words or any words to their like effect, and your unqualified apology to be given same prominence as the offending article.
Further, our instructions are that after the said cessation and apology, we shall enter into negotiations to agree on the quantum payable to our client on the footing of aggravated and exemplary damages.
NOTE that if the said cessation and apology are not made within five (5) days from the date hereof, our instructions are to file suit seeking injunctive reliefs and the compensatory damages and at your risk as to increased costs and incidentals thereto.
Yours sincerely,
DONALD B. KIPKORIR
FOR: KIPKORIR, TITOO & KIARA
C.c Wangethi Mwangi
Editorial Director,
Nation Media Group
Nation Centre
C.c Joseph Odindo
Group Managing Editor,
Nation Media Group
Nation Centre
C.c Duncan Muriuki,
Managing Director,
Maniago Safaris Limited,
Dohn
Donald B. Kipkorir,
Kipkorir,Titoo & Kiara,
Advocates,
Tel: +254 20 2250544
+254 20 2250554
Fax: +254 20 2250608
e-mail: dkipkorir@ktk.co.ke