REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MILIMANI

CIVIL CASE NO. ------------- OF 2017

PROF. JULIA OJIAMBO -----------------------------1ST APPLICANT/PLAINTIFF

KENYA NUTRITIONISTS & DIETICIANS

INSTITUTE ---------------------------------------------- 2ND APPLICANT/PLAINTIFF

VERSES

CYPRIAN NYAKUNDI --------------------------------RESPONDENT/DEFENDANT

PLAINT

FAST TRACK

1. The 1ST Plaintiff is an adult male of sound mind residing and working
for gain in Nairobi within the Republic of Kenya and whose address of
service for purposes of this suit is C/O MONI WEKESA & CO
ADVOCATES, KIPRIKO COURT-FLAT B3, KABARNET
ROAD,P.O.BOX 4701-00100 NAIROBI.

2. The 2ND Plaintiff is a corporate body (abbreviated as KNDI) established

under the Nutrition and Dieticians Act (Act No. 18 of 2007) whose
headquarters is in Nairobi within the Republic of Kenya and whose
address of service for purposes of this suit is C/O MONI WEKESA &
CO ADVOCATES, KIPRIKO COURT-FLAT B3, KABARNET
ROAD,P.O.BOX 4701-00100 NAIROBI.

3. The Defendant is a person running blogs on the Internet whose

address is indicated as CyprianNyakundi@gmail.com .

4. At all material times the 1st Plaintiff is the Chair of KNDI

5. The 1st Plaintiff has been a Member of Parliament for Funyula

Constituency.

6. The 1st Plaintiff is a member of the Council of Disable Persons of

Kenya.

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7. The 1st Plaintiff has held the position of Lecturer at a public
University.

8. The 1st Plaintiff has served as a member of Maendeleo ya Wanawake.

9. The 1st Plaintiff avers that she is a respected personality not only
nationally but also internationally.

10. The 2nd Plaintiff is a body corporate with the mandate of

regulating the profession of nutritionists and dieticians.

11. The 2nd Plaintiff has prepared many materials for effective
discharge of her mandate which materials are clearly displayed on her
website at http://www.kndi.institute/pages/downloads.htm

12. At all material times the Defendant is the publisher of the story
at http://cnyakundi.com/2017/03/overrated-educationist-julia-
ojiambo-behind-rot-at-kenya-nutritionists-dieticians-institute/.

13. The Defendants published a story with photos of the 1 st Plaintiff

on 2nd March 2017 on the website -
http://cnyakundi.com/2017/03/overrated-educationist-julia-
ojiambo-behind-rot-at-kenya-nutritionists-dieticians-institute/.

14. The Plaintiff avers that the said publication to an ordinary

reader can be interpreted to mean that the 1 st Plaintiff has authored a
rot at KNDI and that the 2nd Plaintiff is a rotten institution.

15. The Plaintiff avers that the said publication is calculated to

cause the Plaintiffs to be shunned by right thinking members of
society.

16. The Plaintiffs aver that the Defendant published a story

mentioning them by name throughout the article as follows:

a. Page 3 - Headline Overrated Educationist Julia Ojiambo

Behind Rot at Kenya Nutritionists & Dieticians Institute.

b. On the second page a photo of 1st Applicant/Plaintiff with a

caption below it which reads These overrated educationists
are the same characters who created the retarded 8-4-4
system.

c. At p. 3 para 3 [] Sadly, as its the norm in our country, we

excel at coming up with laws but leave the implementation to a
bunch of short-sighted, narrow minded and most of all, greed

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 driven individuals. KNDI is no exception as Ive come to learn
painfully.

d. Page 7 para 7 You see at the helm of KNDI is one Julia

Ojiambo a nutrition scholar and seasoned politician whose
name only started popping up of late thanks to her political
party opening its doors to a certain disgruntled mheshimiwa.

e. Page 8 Photo with CAPTION: Professor Julia Ojiambo is the

invisible stalwart who has been a stumbling block in efforts to
align KNDI to fit todays aspirations.

f. Page 8 para 5 This is exactly what happens when self-

interest overpowers reason even in the most educated of minds.

g. Page 9 para 1 Apparently it [KNDI] has only taken their

money in the name of licences and penalized/fined the
defaulters with some very hefty fees.

h. Page 9 para 3- line 11 Worse, bodies like KNDI dont help

and are only further worsening whats clearly a neglected and
highly misunderstood profession.

17. The 1st Plaintiff avers that she has not created any rot at KNDI.

18. The 1st Plaintiff was not a member of the Commission that
recommended the 8-4-4 education system as alluded to at para 16(b)
above.

19. The 1st Plaintiff states that she IS NOT one of a bunch of short-
sighted, narrow minded and most of all, greed driven individuals as
alluded to under para 16 (c ) but rather through her stewardship of
KNDI much by way of quality assurance in the training of nutritionists
and dieticians and the general regulation of the profession has been
achieved, to wit ( as can be seen from KNDI website -
http://www.kndi.institute/pages/downloads.htm)

i. A strategic plan

j. A core curriculum that caters to uniform standards of training

in all institutions in the country

k. Mechanisms for accrediting institutions have been put in place

l. Mechanisms for indexing monitoring students from

registration to graduation have been put in place

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 m. Guidelines have been developed for internship and indexing of
students

n. Guidelines for a uniform examination have been generated

o. Mechanisms for internships have been created and implemented

p. KNDI has ensured that jobs for nutritionists and dieticians

go to properly trained and qualified individuals in line with the
Act

q. There is a robust institution for implementing the Act

20. The 1st Plaintiff avers that contrary to the statement quoted at
para 16(d) above, 1st Plaintiff is a renowned academician and politician
who is well known and has been so for a long time.

21. The 1st Plaintiff states that contrary to the averment quoted at
para 16(e) 1st Plaintiff has not been a stumbling block to the
implementation of the KNDI Act (see para 8 supra).

22. The 1st Plaintiff maintains that contrary to the averment cited at
para 16(f), the achievements under para 19 (supra) do not reflect self-
interest, but rather sacrifice on the part of 1 st Plaintiff to start a new
organisation and implement a new law.

23. Contrary to the allegations as contained in para 16 (g) above,

KNDI has used and continues to use monies collected for various
purposes well (see -
http://www.kndi.institute/pages/downloads.htm).

24. The Plaintiffs aver that the publication of the said materials is
actuated by malice there being no scintilla of truth in them.

26. The 1st Plaintiff states that the publication of the said material
is meant to portray the 1st Plaintiff as an extremely reckless, selfish,
greedy and bad hearted person.

27. The second plaintiffs avers that the publication of the said
materials is meant to portray the 2nd Plaintiff as an extremely rotten
and useless person that does not cater to the needs of the profession.

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28. Plaintiffs aver that the materials complained of have the effect of
lowering the esteem of the Plaintiffs in the eyes of right thinking
members of society.

29. Plaintiffs are of the view that the materials complained of have
injured and continue to injure the reputation of the
Applicants/Plaintiffs.

25. The plaintiffs aver that the materials complained of have had
the effect of lowering the esteem of the Plaintiffs in the eyes of right
thinking members of society.

26. Plaintiffs state that the materials complained of have injured

and continue to injure the reputation of the Plaintiff.

27. The Plaintiffs aver that the contents of the said publication were
not only false, malicious and spiteful but also highly defamatory to
them.

PARTICULARS OF MALICE, FALSEHOODS AND SPITE

a. Publication of 1st Plaintiffs photo on the front page of the article

with a caption portraying the plaintiff in negative light.

b. That the first plaintiff participated in the authorship of the 8-4-

4 system of education.

c. That the 1st Plaintiff is one of a bunch of short-sighted, narrow

minded and most of all, greed driven individuals.

d. That the 1st Plaintiff became known only recently due to some
funny political activities.

e. That the 1st Plaintiff is a stumbling block in the progress of

KNDI.

f. That the 1st Plaintiff driven by self-interest.

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 g. That the 2nd plaintiff only takes money of members but does not
help them

h. The 2nd plaintiff is worsening the situation of itself.

28. The Plaintiffs aver that the said publication is defamatory to

them and is meant to mean:-

a. That the 1st plaintiff is extremely malicious and destructive

b. That the 1st Plaintiff is a person who abuses her position of

authority.

c. That the 2nd plaintiff is not living up to its task.

29. The Plaintiffs further state that the materials complained of

have injured their reputation and lowered their esteem before right
thinking members of the society.

30. Despite demand and notice of intention to sue the defendant

has refused, neglected and denied to admit liability.

31. There is no other pending suit between the same parties over
the same subject matter.

32. This Honourable Court has jurisdiction to hear and determine

this matter.

REASONS WHEREFOR:-The Plaintiffs pray for judgement against the

Defendant:-

a) THAT the defendant whether by themselves, their agents or

servants and/or any other person acting on their behalf be and are
hereby ordered to pull down the story dated 2 nd March on the URL
link http://cnyakundi.com/2017/03/overrated-educationist-
julia-ojiambo-behind-rot-at-kenya-nutritionists-dieticians-
institute/ immediately and not later than 24 hours after
electronic service of this order upon them.

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b) THAT the defendant whether by themselves, agents or servants
and/or any other person acting on their behalf be and are hereby
restrained by an injunction from hosting, circulating, distributing,
selling, any further publication or any other dealings with the story
dated 2nd March on the URL link
http://cnyakundi.com/2017/03/overrated-educationist-julia-
ojiambo-behind-rot-at-kenya-nutritionists-dieticians-
institute/ touching on the Plaintiffs in print or electronic form

c) THAT the defendant be and are hereby ordered to issue an apology

to the Plaintiffs using the same medium

d) THAT the defendant be ordered to pay damages in lieu of apology

e) Damages for defamation

f) Exemplary damages

g) Cost of this suit be awarded to the Plaintiffs.

h) Interest on (d)-(f) at court rates

i) Any other relief that this Honourable Court will deem fit and just to
grant.

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Dated at Nairobi this.Day of.2017

MONI WEKESA & CO

ADVOCATES FOR PLAINTIFFS

DRAWN AND FILED BY:

MONI WEKESA & COMPANY

ADVOCATES
KABARNET ROAD,
KIPRIKO Court- Flat B3,
P.O. BOX 4701-00100
NAIROBI

TO BE SERVED UPON:
Cyprian Nyakundi at e-mail: CyprianNyakundi@gmail.com

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 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. ------------- OF 2017

PROF. JULIA OJIAMBO -----------------------------1ST APPLICANT/PLAINTIFF

KENYA NUTRITIONISTS & DIETICIANS

INSTITUTE ---------------------------------------------- 2ND APPLICANT/PLAINTIFF

VERSES

CYPRIAN NYAKUNDI --------------------------------RESPONDENT/DEFENDANT

PLAINTIFFS LIST OF WITNESSES

1 PROF. JULIA OJIAMBO

MONI WEKESA & CO

ADVOCATES FOR PLAINTIFFS

DRAWN AND FILED BY:

MONI WEKESA & COMPANY
ADVOCATES
KABARNET ROAD,
KIPRIKO Court- Flat B3,
P.O. BOX 4701-00100
NAIROBI

9
TO BE SERVED UPON:
Cyprian Nyakundi at e-mail CyprianNyakundi@gmail.com

10
 REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
CIVIL CASE NO. ------------- OF 2017

PROF. JULIA OJIAMBO -----------------------------1ST APPLICANT/PLAINTIFF

KENYA NUTRITIONISTS & DIETICIANS

INSTITUTE ---------------------------------------------- 2ND APPLICANT/PLAINTIFF

VERSES

CYPRIAN NYAKUNDI --------------------------------RESPONDENT/DEFENDANT

PLAINTIFFS LIST OF DOCUMENTS

1. Article Overrated Educationist Julia Ojiambo Behind Rot at Kenya

Nutritionists & Dieticians Institute by Cyprian Nyakundi, Mar 2, 2017

MONI WEKESA & CO

ADVOCATES FOR PLAINTIFFS

DRAWN AND FILED BY:

MONI WEKESA & COMPANY
ADVOCATES
KABARNET ROAD,
KIPRIKO Court- Flat B3,
P.O. BOX 4701-00100
NAIROBI

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TO BE SERVED UPON:
Cyprian Nyakundi at e-mail CyprianNyakundi@gmail.com

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