Memorandum of appearance
THE REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT
AT NAIROBI
CIVIL SUIT NO……………………………………OF 2018
JOB OWIRO………………………………………………………………………………..1ST PLAINTIFF
VERSUS
GLOBAL MEDIA………………………………………………………………………..1ST DEFENANT
SHARON NDETO……….……………………………………………………………….2ND DEFENDANT
MEMORANDUM OF APPEARANCE
Please enter appearance for the 2nd defendant; SHARON NDETTO and NATION MEDIA GROUP in this suit
who’s address for service for the purpose of the suit shall be in the care of AMARCO &CO ADVOCATES 2 ND
FLOOR , SOUTHEND HOUSE , MUINDI MBINGU STREET ,NAIROBI PO BOX 92983-0100
NAIROBI
TAKE FURTHER NOTICE that henceforth , all further correspondence should be forwarded to the above firm of
advocates
DATED AT NAIROBI THIS……………….DAY OF …………………2018
AMARCO & CO ADVOCATES
THE REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT
AT NAIROBI
CIVIL SUIT NO……………………………………OF 2018
JOB OWIRO………………………………………………………………………………..1ST PLAINTIFF
VERSUS
GLOBAL MEDIA………………………………………………………………………..1ST DEFENANT
SHARON NDETO……….……………………………………………………………….2ND DEFENDANT
DEFENCE
1. Save as is expressly admitted herein the Defendants deny each and every allegation in the plaint as if the
same where herein set out verbatim and traversed seriatim
2. The Defendants admits paragraph 1,2,3 of the plaint in so far as as the same are merely descriptive of the
parties herein save that their address for purposes of this suit of AMARCO &CO Southern End ,Muindi
Mbingu Street, Nairobi.
3. The Defendants contend that the suit as filed does not disclose any cause of action against them and shall
accordingly apply at any appropriate time to have their names struck off from the suit with cost gainst the
Plaintiff jointly and severally
4. The first and second defendants aver that paragraph 4 is true to the extent 1st defendant is the owner and
proprietor of the newspaper.
5. Contents of paragraph 5 are admitted.
6. It is the Defandants assertion that the content in paragraph 6 are true .The Defendants further assert that the
published article is not false and malicious but factual and true and not defamatory in nature
7. Paragraph 7 of the Plaint have been denied and left for the Plaintiff to strictly proof
8. The Defendants is a stranger to paragraph 7 and asserts that the article was not in any way libellious but
very true
9. Contents of paragraph 8 are denied by the Defendants..No notice of apology was issued to the Defendants
and the Defendants avers that the Plaintiff be disentitled to the costs.
10. Contents of paragraph 9 are admitted
REASONS WHEREFORE the Defendants prays that the Plaintiff’s suit be dismissed with costs
Dated at………………….this…………………………..Day of………………………..2018
KANYI NDURUMO & ADVOCATES
ADVOCATES FOR THE DEFENDANTS.
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIROBI
CIVIL SUIT NO………………………………….OF 2018
JOB OWIRO…………………………………………………………………………………..PLAINTIFF
VS
GLOBAL MEDIA………………………………………………………………………………..1ST DEFENDANT
SHARON NDETO………………………………………………………………………………2ND DEFENDANT
DEFENDANTS WITNESS LIST
The Defendants through assigned trial counsel ,hereby submits the following list of individuals who will or may be
called as witnesses in the above case
Name Address Telephone Number
John Karanja 3478-02000 Nairobi 0723879672
Emma Nasimiyu 9865-0200 Nairobi 070587432
Jane Onyango 4792-0200Nairobi 0732764521
Jeff Mbote 2167-0200 Nairobi 0798577056
CERTIFICATE OF SERVICE
I Winfred Wanjiru certify that I served a copy of the foregoing upon the following persons at the respective
addresses.
I did so on or before the date below by personal delivery or by first class mail with postage prepaid.
Dated……………………….,2018
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE COURT AT NAIROBI
CIVIL NO………………………………………………OF 2018
JOB OWIRO……………………………………………………………….PLAINTIFF
Vs
GLOBAL MEDIA…………………………………………………………………1ST DEFENDANT
SHARON NDETO ..……………………………………………………………2ND DEFENDANT
DEFENDANTS WITNESS STATEMENT
1. I ,Emma Nasimiyu of P.O.BOX 3457-0200 Nairobi is a criminologist in Nairobi County Kibera area
.I make this witness statement from my personal knowledge in support of the Defendant Sharon
Ndetto .
2. I have been in this legal field for the past 18 years and practicing it in various legal firms in Nairobi
County.
3. The Defendant and I have grown together as we were from the same ageset and community back in
our hometown in Bungoma County.We have schooled together since primary school.
4. The Defendant has served in my father’s church back in the village as an usher as he is a born again
Christian .We even went to Sunday school together.
5. On the morning of 25/5/2018 , I read the article written by the 2 nd Defendant and written by the 1 st
Defendant and according to me the article was not malicious in any way.
6. I believe that the Defendant wrote the article based on facts and not on any other malicious matters .
7. I believe that the facts stated in this statement are true
Dated at Nairobi on the 15th of June 2018
Signed …………………………………..
EMMA NASIMIYU.
P.O.BOX 3562-0200
NAIROBI
REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE COURT AT NAIROBI
CIVIL SUIT NO…………………………..OF 2018
JOB OWIRO…………………………………………………………………………….1ST PLAINTIFF
VERSUS
SHARON NDETO……………………………………………………………………………….1ST DEFENDANT
NATION MEDIA GROUP………………………………………………………………..…….2ND DEFENDANT
AFFIDAVIT OF SERVICE
(O.V.R. 15 (1) of the Civil Procedure Rules)
I, WINFRED WANJIRU of P.O.BOX 3527-0200 Nairobi , a duly authorized process server of the Chief
Magistrates Court ,do make an oath and state as follows:
1. THAT on the…………….day of ………………2018 at 1:00pm I served the defence in this case on JOB
OWIRO at his home in Valley Estate,Leo Street Nairobi by tendering a copy thereof to her and requiring a
signature on the original.He signed the summon was personally known to me as he identified me and even admitted
to me that he was the plaintiff in the case.
2. THAT not being able to find JOB OWIRO the plaintiff on the…………………..day of…………………..2018
at 1:00p.m, I served the summon on MRs OWIRO the wife to JOB OWIRO.
3.THAT not being able to find JOB OWIRO the plaintiff or any person whom the service could be made ,on
the……………………………………day of……………………2018 at 1:00p.m I affixed the copy of the defence to
the outer kitchen door of JOB OWIRO being the house she resides in.
4.THAT on the ………………………….day of………………..2018 at 3:00p.m I served the defence in this case
on JOB OWIRO in Valley Estate Leo Street Nairobi County a tendering a copy thereof to them and requiring a
signature on the original..
I was accompanied by BECKY KARANJA.
5.THAT{ Otherwise specify the manner in which the defence was served}
6.THAT all what is deponed herein is true to the best of my knowledge and belief.
SWORN by the said )
WINFRED WANJIRU )
At Nairobi this……………………………. )
Day of…………………………………….2018 )
…………………………………..
BEFORE ME )
COMMISSIONER FOR OATHS )
DRAWN AND FILED BY :
KANYI NDURUMO & ADVOCATES
Agip House
Haile Sellasie
Nairobi
THE REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATES COURT AT NAIROBI
CIVIL SUIT NO……………………………………OF 2018
JOB OWIRO………………………………………………………………………………..1ST PLAINTIFF
VERSUS
GLOBALMEDIA………………………………………………………………………..1ST DEFENANT
SHARON NDETO……….……………………………………………………………….2ND DEFENDANT
LIST OF DOCUMENTS RELIED BT THE DEFENDANTS.
1.Emails
2,Text messages
3.A copy of the said Articled published and titled “ Act on this Cronyism ‘Lawyers tell Mutunga”
DRAWN AND FILED BY
KANYI NDURUMO & ADVOCATES
Agip House
Haile Sellasie Street
P.OBOX 4563-0200
NAIROBI
TO BE SERVED UPON
AMARCO &CO ADVOCATES
6th Floor Southend House
Muindi Mbingu Street
Nairobi.
WINFRED WANJIRU KANYI
1032475
CIVIL PROCEDURE
CLS 203
