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 House, M/S Paul William and Associates, Mercantile

st

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 response 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.

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 "Robert twitter account both

"twitter.com/RobertAlai"

and facebook account

Alai Onyango"

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 the 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", link/website link facebook account Robert Alai Onyango" and

(http://www.docstoc.com/docs/116236532/Fake-ICC-Letterthe defendant denies the allegations in paragraph 14 of

authored-byDennis-ltumbi#)

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 web sites 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 for not disclosing any reasonable cause of action against the

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 connection with the twitter account "@robjillo" or "SomeoneTellItumbi" use of or 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", link/website facebook account Robert .Alai Onyango", internet

(http://www.docstoc.com/docs/116236532/Fake-ICC-Lettertwitter account "@robjillo" or "SomeoneTellItumbi"

authored-byDenrus-ltumbi#),

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.

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.