NAIROBI, Kenya, Mar 16 – President Mwai Kibaki’s four children have threatened to sue former Kabete legislator Paul Muite unless he apologises and withdraws alleged defamatory remarks that he made against the first family.,
Through Mohammed Muigai advocates, the President’s children Judith, James, David and Anthony said the former MP had defamed them by linking them to the Standard raid and the Armenian Artur brothers.
Mr Muite has however maintained that he would not withdraw his remarks and is daring the Head of State’s children to sue.
In a letter dated March 12, 2009, the children’s lawyers state that they were specifically instructed by the four to address Mr Muite over defamatory statements touching on their clients.
“The words meant and indeed were understood to mean that our clients were involved in the raid of the Standard Group and that they are connected to the Armenian Artur brothers and that our clients partake in criminal activities,” the letter states.
It adds; “Our instructions are therefore to demand from you (Muite), as we hereby do, an immediate retraction of the entire content of the statements made together with an unequivocal apology for uttering false and defamatory remarks.”
The letter further states that Mr Muite risks facing legal action unless he retracts and apologises.
“Unless we hear from you on the above mater within seven days of the date hereof, we have irrevocable instructions to file suit against you at your peril as to costs and attendant consequences,” the three-page letter states.
On Tuesday, Mr Muite’s lawyers – Gitobu Imanyara and company advocates – wrote to the lawyers of President Mwai Kibaki’s children and dared them to file the suit.
In their letter dated March 16, 2009, the lawyers question why the President’s children were threatening to sue on ‘issues relating to their parents’.
“Each of your clients is over 18 years of age and therefore in Law – Sui Juris. Statements made on their father and/or mother cannot ipso facto relate to them.”
Mr Muite’s lawyers said that their client stood by his remarks and denied that he had made any reference to President Kibaki’s children.
The lawyers said their client had only mentioned a ‘government operation’ at the standard group offices.
The former Kabete MP had been invited to the commemoration of the Standard raid on March 2, where he said the former Internal Security Minister John Michuki (now Environment Minister) had denied that there was a raid.
“Don’t call it a raid, it was not a raid, it was a government operation. They were about to write about a sacred institution, the Presidency. They were about to write about the President and his wives,” Mr Muite said, quoting the former Minister.
On Tuesday, Mr Muite’s lawyers denied that their client had referred to President Kibaki’s children and dared them to sue him.
“Our client is not aware that any of your clients is part of the government. How in law and in fact are your clients seeking to connect or involve themselves with the government operation,” Sande Ligunya of Gitobu Imanyara and company advocates posed.
“Indeed, our client welcomes and looks forward to the intended suit being filed. It will be vigorously and robustly defended at your clients’ risk as to costs and all other consequences ensuing therefrom,” she said.