Jalang'o, Chesang Issue Cease & Desist Against Cyprian Nyakundi, Citizen Weekly
The legislator on Tuesday, September 12 issued a cease and desist demand letter against the publication and controversial blogger Cyprian Nyakundi
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Merely hours after Lang'ata Member of Parliament Phelix Odiwuor alias Jalang’o threatened to to take legal action against Citizen Weekly newspaper over its article allegedly linking him to a Ksh1 billion fake gold scam, the lawmaker has lived up to his threat.
The legislator on Tuesday, September 12 issued a cease and desist demand letter against the publication and controversial blogger Cyprian Nyakundi after they both published information linking him, Trans Nzoia Senator Allan Chesang and Nyaribari Chache MP Zaheer Jhanda to the fake gold syndicate.
In demand letters by law firm Cliff Oduk Advocates and seen by Viral Tea, Jalang'o and Chesang accused Nyakundi and Citizen Weekly of publishing false and malicious information on the newspaper and on X (formerly Twitter) without verifying the claims.
Portrait of controversial blogger Cyprian Nyakundi. /FILE
"Vide the Weekly Citizen Newspaper Volume 26 Number 37 published on 11th September 2023, you falsely and maliciously printed or caused to be printed and published a false, offensive, damaging and highly defamatory article about our Client in an article titled "Senator Chesang, MPs Jalang'o, Jhanda link in Ksh. 1B fake gold scam exposed" (hereinafter 'the Article') which was, and still is accessible to millions of people countrywide," the lawmakers' letter to the publication read in part.
Jalang'o and Chesang accused Citizen Weekly of publishing various allegations concerning them which were wholly false, malicious, reckless and without any factual foundation whatsoever and which amounted to gross and blatant misrepresentations of facts and deliberate mischaracterization of their conduct.
According to the law firm, the words used in the article painted the duo as people of corrupt and loose morals, fraudsters without any modicum of integrity and dishonest and oppressive people who are undeserving of the position they hold.
The words were also viewed to paint the lawmakers as unjustly and illegally enriching themselves through illegal and fraudulent means and as people who engage in, approve or condone fraud and theft as well as people hellbent on using their political capital and connections to unlawfully exert pressure and interfere with the criminal justice system for their own selfish ends.
Similar accusations were fired against Nyakundi over his tweet regarding the same story, a tweet which they revealed attracted 979 retweets and 2,165 likes after it was posted as well as 309 comments from different users who painted them as criminals.
According to the law firm, the newspaper article, the tweet and the particular references to the legislators are malicious, reckless and done without any regard for the substantial loss, damage and injury that would be occasioned and indeed has been occasioned to their reputation rendering it reckless and unethical.
"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.
"The foregoing goes to demonstrate that you intended to form a negative and undesirable opinion about our Client and to our Client's detriment. Defamation, particularly when published in a widely-read newspaper like Weekly Citizen, carries significant legal consequences," added the letter.
In Nyakundi's case, the tweet undermined the reputation of Jalang'o and Chesang as public officials, given that all digital activity, according to common knowledge, 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," added the letter, accusing the blogger of publishing information without factual basis and aimed at tarnishing their name and professional standing in the community.
Jalang'o and Chesang ordered Weekly Citizen to make an immediate public retraction of the defamatory statement published in the newspaper, with equal prominence to the original publication, which retraction should acknowledge the false nature of the allegations and offer a sincere apology to the duo.
"You immediately cease and desist from any further publication or dissemination of these defamatory statements, slander and/or libel with regard to our Client's character and/or reputation. In addition to the retraction and apology, we demand that a correction and clarification be published in the Weekly Citizen to inform the readership that the statements made were false and without merit.
"You compensate our Client for the damage to their reputation, which includes any financial losses incurred as a result of this defamation, the quantum for which shall be discussed. You reimburse our Clients the charges incurred in pursuing the proceedings," the letter added.
They also issued similar demands to Nyakundi, threatening him and Weekly Citizen with consequences should they fail to adhere to the demands of the lawmakers.
"Take notice that if the foregoing demands are not met by yourselves on the date of receipt of this letter, our mandatory instructions are; Pursue civil proceedings and/or legal action against both the newspaper and the individuals responsible for this defamatory statement. Pursue all available legal remedies including seeking damages for defamation.
"Take further notice that these actions against yourselves will be commenced without any further indulgence and/ or reference to you, at all times holding you liable for the costs thereby incurred and other consequences ensuing therefrom," the law firm stated.
