Kenyan Social Media Wars: Cyprian Nyakundi versus Larry Madowo

[Omollo]

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[Omollo]

REPUBLIC OF KENYA
 IN THE HIGH COURT OF KENYA AT NAIROBI
 CIVIL CASE NO. 422 OF 2015
 CYPRIAN NYAKUNDI..............................................PLAINTIFF/APPLICANT
 VERSUS
 LARRY MADOWO........................................DEFENDANT/RESPONDENT
 
 RULING
 1. The application dated 24th February 2016 seeks orders inter alia:-



 4. The Application is opposed.  The Respondent filed the grounds of opposition dated 7th March, 2016 which state  as follows:-

• That there is no substratum to the application, the plaintiff having refused to comply with mandatory provisions of Orders 3 & 5 of the Civil Procedures Rules, 2010.
• That the application doesn't meet the law on contempt proceedings
• That the application is fatally defective.
• That the application is non- meritious and not maintainable."
• That the suit and application are for dismissal for being an abuse of the court process. "

Conduct that defies the authority or dignity of a court.  Because such conduct interferes with the administration of justice, it is punishable usually by fine or imprisonment."The courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and centre. This would amount to abdication of our sacrosanct duty bestowed on us by the Constitution. The dignity, and authority of the Court must be protected, and that is why those who flagrantly disobey them must be punished, lest they lead us all to a state of anarchy .We think we have said enough to send this important message across."There is no affidavit evidence by the Respondent.

• That summons to issue for the Respondent, Larry Madowo to personally appear in Court to show cause on why  he should not be committed to civil jail or otherwise penalized for contempt of court.
• Mention on 16th February,2017 for further directions.
• Costs of the application to Applicant.

Dated, signed and delivered at Nairobi on 30th day of Nov.,2016
 B THURANIRA JADEN
 JUDGE

http://kenyalaw.org/caselaw/cases/view/129895/

[RV Pundit]

Nyakundi fellow  seem unhinged.

[Omollo]

Nyakundi fellow  seem unhinged.

This is the Kenyan reality. People who would never have been heard of throughout their lives are suddenly gate crashing parties. I respect Nyakundi though. He seems to hold a firm position even though its about the same matter (largely): Safaricom - Bob Collymore

There is this other guy - Robert Alai. I can't stand him. He's lately taken to peddling rumors in between pushing ads for certain companies. He does not carry a disclaimer advising his followers that he is advertising to them. I think Itumbi bought him totally.

He has scared everybody from criticizing him.

[Kim Jong-Un's Pajama Pants]

I am familiar with Alai.  I always thought he was an ODM fanatic.  I am surprised Nyakundi has over a million followers.  Who are the Kenyans worth following on social media?

[Omollo]

I am familiar with Alai.  I always thought he was an ODM fanatic.  I am surprised Nyakundi has over a million followers.  Who are the Kenyans worth following on social media?

The following is misleading. The guys actively go out to get followers. I think there is a guy called Xtian Mandela - something like that -who specializes in securing followers for members.

Alai is not an ODM supporter. He has become more of Jubilee than opposition

[Kim Jong-Un's Pajama Pants]

I am familiar with Alai.  I always thought he was an ODM fanatic.  I am surprised Nyakundi has over a million followers.  Who are the Kenyans worth following on social media?

The following is misleading. The guys actively go out to get followers. I think there is a guy called Xtian Mandela - something like that -who specializes in securing followers for members.

Alai is not an ODM supporter. He has become more of Jubilee than opposition

I stand corrected.  This is just the impression I had.  Alai used to have some run ins with powerful folks a while back.  I admit I don't follow the Kenyan social media scene as closely as I perhaps should. 

[Ole]

Alai visited statehouse and hasn't been the same anymore. He spends almost all his posting criticizing and abusing the opposition. He would attack raila even on issues he has no connection to. Itumbi bought him for sure.

[Omollo]

Someone should advise the Kenyan Corporate World that suing a blogger inevitably brings him more money and the fame that he craves for. He gets more followers on Twitter and Facebook. That increases his ability to inflict more damage to a company.

There are other ways of addressing social media adversity. The courts do not help. Lawyers will of course urge you to go to court. As MacDonalds found out, courts are very uncomfortable for a big company when facing a small man.

Look at NBK now. If Nyakundi gets a good advocate - and he will get the best and many - he will demand documents from NBK and expose the sensitive ones. If NBK balks at some demands, that will be news and if it grants the documents it will be bigger news. There is no respite.