alai defence - i dont own @robertalai twitter account

7/28/2019 Alai Defence - I dont own @RobertAlai Twitter Account

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REPUBLIC OF KENYA

IN THE HIGH COURT OF ENYAAT NAIROBI

MILlMANI LAW COURTS (CIVIL DIVISION)

CIVIL CASE NO. 167 OF 2012

1. The defendant denies each and every allegation as set out in the plaint as if the same

were set out herein verbatim and traversed seriatim.

2. The defendant admits the contents of paragraphs 1 and 2 of the plaint so far as the

same are a mere description of the parties save that the defendant's address for the

purposes of this suit shall be M/S Paul William and Associates, Mercantile

House, 1st

Floor, Room 107, Koinange Street, P.O. Box 9588-00200,

NAIROBI.

3. The defendant denies the contents of paragraph 3 and 4 of the plaint and invites the

plaintiff to strict proof thereof.

4. The defendant is a stranger to the allegations contained in paragraphs 5, 6 and 7 of

the plaint.

5. The defendant denies the contents of paragraph 8 of the plaint and in r esponse

thereto the defendants avers that he does not hold, own, control and/ or manage

any twitter account and in any case not under the usemame @Robert Alai together

with the alleged followership of 14,000 and the alleged private/ public settings and

invites the plaintiff to strict proof thereof.


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6. The defendant denies the allegations in paragraph 9 of the plaint that he maliciously

and wrongfully composed or caused to be composed and wrote or caused to be

written, published or caused to be published the alleged false and defamatory tweets/

contents and/ or publication on his alleged twitter account

"twitter.com/RobertAlai" and f acebook account "Robert Alai Onyango" both

whose ownership, control, management and/or use by the defendant are denied and

the plaintiff invited to strict proof thereof.

7. The defendant denies the contents of paragraph 10 of the plaint which allege the

uploading, sharing and tweeting of the alleged defamatory subject matter and in

response thereto the defendant denies ownership, control, management, and/ or use

of or connection with the alleged link

(http://www.docstoc.com/docs/ 116236532/Fake-ICC-Letter-authored-byDennis-

ltumbi#) and invites the plaintiff to strict proof thereof.

9. The defendant denies t h e meaning accorded to the subject matter complained of

either in their entirety or in their natural and ordinary meaning or by imputations and

innuendos as alleged in paragraph 13 of the plaint.

10. Not being the owner, proprietor, manager, administrator and/ or user of @Robert

Alai, "twitteLcom/RobertA..lai", facebook account R obert Alai Onyango" and

link/website link (http://www.docstoc.com/docs/116236532/Fake-ICC-Letter-

authored-byDennis-ltumbi#) the defendant denies the allegations in paragraph 14 of

the plaint that he maliciously wrote or caused to be written and published or caused

to be published the allegedly offending tweets to his alleged 14,000 followers and

also made the subject matter accessible to people around the world through

publication and republication on internet websites potentially accessible to millions

of people in Kenya and elsewhere and invites the plaintiff the strict proof thereof.

(At the earliest opportunity, the defendant shall move the Honourable Court to

strike the plaint f or not disclosing any reasonable cause of action against the


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defendant and for being frivolous and vexatious and thereby amounting to an abuse

of the court process).

12. The defendant denies the contents of paragraph 17 of the plaint which allege that the

publication was malicious, oppressive and spiteful and calculated to injure, disparage,

and lower the esteem with which right thinking members of the local and

international society regarded and held the plaintiff and that the publication was

made out of malevolence and spite and without justifiable cause thereby discrediting

the good way and reputation of the plaintiff.

13. The defendant denies the contents of paragraph 18, 19 and 20 of the plaint and in

response thereto denies any ownership, control, management and/or use of or

connection with the twitter account "@robjillo" or "SomeoneTellItumbi" and the

alleged publications and/ or tweets together with the meaning accorded thereto by

the plaint and invites the plaintiff to strict proof thereof.

14. The defendant denies the contents of paragraph 21 of the plaint and specifically

denies publishing and/ or tweeting the alleged subject matter with malice or at .all.

15. The defendant denies the allegations in paragraph 22 of the plaint that the

publications were made and were made with malice, hatred and ill-will against the

plaintiff.

16. Having no ownership, control, management, use of and/or connection to @Robert

Alai, "twitter.com/RobertAlai", facebook account Robert .Alai Onyango", internet

link/website (http://www.docstoc.com/docs/116236532/Fake-ICC-Letter-

authored-byDenrus-ltumbi#), twitter account "@robjillo" or "SomeoneTellItumbi"

the defendant is a stranger to the contents of paragraph 23 of the plaint which allege

continuous publication and invites the plaintiff to strict proof thereof.


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17. The defendant denies receipt of a demand and notice of intention to sue and his

alleged failure and or refusal and/ or neglect to make good the alleged claims.

REASONS WHEREFORE the defendant prays for the Honourable Court to dismiss the

plaintiffs suit with costs.

\L

DATED at NAIROBI this ~ day of ~.'0..~ .2013

k---PAUL WILLIAM & ASSOCIATES,

ADVOCATES FOR THE DEFENDANT

DRAWN AND FILED BY:

PAUL WILLIAMS AND ASSOCIATES,

MERCANTILE HOUSE, 1ST FLOOR,

KOINANGE STREET

P.O. BOX 9588- 00200,

NAIROBI.

TO BE SERVED UPON

CHELANGA & COMP1\NY ADVOCATES,

2ND FLOOR, SCRIPTURE UNION CENTRE,

P.O. BOX 29166-00100,

NAIROBI.

alai defence - i dont own @robertalai twitter account

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