- Popular lawyer Danstan Omari made a request for KSh 100 million to Robert Alai for allegedly criticizing a Facebook post that spread online
- In the post, Alai reportedly called Omari “Chale,” “stupid,” and “pigs,” resulting in a strong legal response from the high -profile lawyer
- In a notice that TUKO.co.ke gave him an eye, Omari gave the MCA 48 hours to apologize, to overturn the post, and to pay compensation, otherwise he would face a complete case of scandal
Facebook post allegedly written by MCA Robert Alai has created strong emotions and created a legal storm.
Source: UGC
A famous criminal attorney Danstan Omari He has officially sought public exemptions, financing and compensation of KSh 100 million from a blogger and a controversial MP, accusing him of publishing online scandals.
According to a June 12 letter and seen by TUKO.co.ke, the Omari Lawyers team, led by Advocate Martina Swiga, claimed Alai posted offensive remarks on his Facebook page, which has more than 729,000 followers.
Alai what offense was he charged with?
In the post, Alai allegedly called Omari “humor,” he used the Swahili word “stupid” (fool), comparing him to “pigs,” claiming that the lawyer was using a political broadcasting case rather than legally resolved.
The post allegedly raised more than 2,200 emotions and approximately one thousand comments, a lot of insults and refer to Omari directly.
His lawyers’ team said that the alleged remarks were not only false and negative but also severely damaged his professional image and personal respect.
“Our client is not an animal but a human being and an adult, worthy of respect and dignity as set out in section 28 of the Kenyan Constitution,” The letter of demand was partially read.
It added that referring to Omari as a “pig,” “Chale,” or as a mindless one is not completely in line with the reputation he has built as one of Kenya’s chief advocacy lawyers.
Omari Ampa Alai 48 Answer
The letter issued a 48 -hour deadline for Alai to accept liability, to pay KSh 100 million compensation, and to apologize, unconditionally and to nullify, published in the same appearance as the previous statement.
“That you accept the responsibility of criticizing our client through your Facebook post and compensating KSh. continued the letter.
Swiga noted that the position led to many public ridicule, and weakened Omari’s reputation in front of current and prospective customers.
The legal team also warned that the continued existence of the post online exacerbates the debris to destroy its name.
If Alai fails to carry out the allegations, Omari’s lawyers vowed to take legal action immediately to protect their client’s name and his professional status.
Source: Twitter
Did Fred Machoka accuse Alai?
A few days earlier, TUKO.co.ke reported that veteran broadcaster Fred Obachi Machoka filed a lawsuit against Alai in the Supreme Court.
The case was based on a complex Facebook post issued on May 3, which was allegedly questioned the health of the eyes.
Based on court files, Machuka accused Alai of spreading false and destructive claims that had negatively affected his personal life and his media work.
Machoka emphasized that the alleged role of Alai destroyed its reputation and the possibility of endangering important printing.
He requested compensation of KSh 60 million, a permanent decree to end such positions, and a court declaration that the MCA measures were in line with the scandal.
What burden does Robert Alai have to confirm?
In legal cases, the general principle applied is “the claimant must prove”. In this regard, Alai, who has made remarks that may insult the eyes, will have to prove his case.
In cases of scandal, prove that whatever you say is indeed one of the defense that the court can consider in order to make judgment on the defendant’s part.
The challenge that Alai faces is that he may be required to take the doctor to the doctor who did HIV tests to testify that he was diagnosed with the virus. This can be a major task for the MCA of the MCA, as doctors are forced to keep patient records privately and secretly and cannot be forced to testify on such issues.
This means that even if Alai has accurate records of HIV results, confirming whatever he claims on social networks, such information cannot be received.
In the law court unless it is confirmed by the doctor who performed the test.
Another option for Alai is to ask the court to order the HIV to be tested for HIV to find out if he is virus or not.
The legal question that a Nairobi politician may encounter in this request is in section 13 of the HIV and AIDS Prevention Act, which states that no one will force another to be tested for HIV.
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Source: TUKO.co.ke
