AMWIK Fights Back Ex-KBC Journalist, Exposes WhatsApp Argument

The Association of Media Women in Kenya (AMWIK) has revealed that it will defend any attempt at a lawsuit against them by former Kenya Broadcasting Corporation (KBC) senior television producer Jackline Lidubwi.

In its response through its lawyers Orengo & Odhiambo Co. Advocates seen by Viral Tea dated Wednesday, November 30, AMWIK acknowledged her high-value status as one of its members entitled to all the privileges and rights attached to the membership, including applying for various positions within the organization.

It however noted that the exercise of those rights is subject to the Association's Constitution and procedure rules and as such her right to seek the position of Executive Director was subject to the organization’s Constitution, procedures and the Boards vision for the organization as set out in the organization's strategic plan 2021-2026.

"It is in this context that your client, among other candidates applied and was interviewed for the position of the Executive Director of the organization. It is true that following the interviews she was initially offered the position of the Executive Director. Affirmation of that offer through a contract of employment was, however, conditional upon completion of background checks by the board, full facts whereof are well within your clients knowledge," the response read in part.

An image of communications professional Jackline Lidubwi. /TWITTER

AMWIK added that upon completion of the background checks, the Board was constrained to review its position, concluding that whereas Lidubwi was qualified, she would not be the best fit for the job, and that all factors considered that another candidate was a better prospect for the organization. 

The association noted that in the conversation, Lidubwi had also indicated that she had accepted a counter-offer from her current employer hence would not suffer any prejudice.

It noted that at all times during the exercise, the communication between her and the chair of the board was strictly confidential and where there one-on-one conversations were held, the same were done candidly and in good faith.

"On 19th November 2022, the Board announced conclusion of the recruitment exercise and the resultant appointment of Patience Nyange as the Executive Director. Shortly thereafter, to the Boards dismay, virulent sentiments erupted on the social media, more particularly on the organizations WhatsApp forum where interlocutors demanded to know the circumstances under which the offer to your client had been rescinded and a different candidate announced, with some, without any factual basis, suggesting that the Board might have been corruptly compromised and influenced to retract the offer to your client.

"Please note that your client was at all times part and parcel of the conversation either passively acquiescing to the persistent attacks on Board members or actively participating by making comments of her own," added the response.

In the spirit of accountability and fidelity to its membership, AMWIK’s Board released a clarified communication revealing the circumstances under which the offer to Lidubwi was withdrawn.

This is as it deemed as inconceivable how a statement by the Board, released to the members of the organization as part of a conversation to which she was part, both passively and actively was deemed defamatory of her.

AMWIK reminded that there is no law in the Republic of Kenya or elsewhere that gags a Board duly performing its role from issuing communication to members on matters that are of interest to them. It added that the statement was triggered by sentiments from her proxies.

"On the flipside, it is now clear that your client shared the Boards communication with her with third parties for reasons best known to her. The virulent tone of the sentiments directed to the Board members, however, has been a clear indicator that your client's intention is to besmirch the character of the board.

"This is further evidenced by the leakage of the contents of your demand letter to blogs and social media platforms shortly after sending the same to the Board Chair. As such, if your client feels defamed or prejudiced in any manner by the Board's statement to members, then she must take responsibility for being the author of her own misfortune," AMWIK cautioned.

The association further urged Lidubwi to desist from engaging the Board through proxies on social media and media platforms but use the existing channels instead, if she truly cared about the organization and was concerned that the discussions regarding the Board's abortive offer to her was damaging her reputation.

AMWIK further warned that it would defend any suit against them on the matter with the resultant loss exposing her to the consequential risk as to costs.

Lidubwi had accused AMWIK of handing the position of Executive Director to another candidate after listing her as a finalist for the job following being shortlisted and invited for an interview.

Members of AMWIK pose for a photo. /AMWIK