City Lawyer Danstan Omari and Kileleshwa MCA Robert Alai are in the middle of bitter feud over a facebook post which has resulted possible Sh100 M defamation suit being filed by the lawyer.
Omari has written to Alai demanding for Sh100 M in damages and an apology for calling him a ‘pig’ and ‘mjinga’ in a facebook post.
However, Alai has fired back in response to the demand letter daring Omari to proceed with the lawsuit saying he does not have a reputation to be defamed.
The background of the feud emanated from a defamation suit filed by veteran radio host Fred Obachi Machoka against Alai who had claimed that he was HIV positive.
After seeing the petition carried by several media houses Alai wondered why he had not been served with the said suit even though it was being covered in the news.
He then wrote “kwani is another Robert Alai sued or myself? That joker called Danstan Omari is all over social media bragging how he has sued Alai while not serving his suit papers. Mijinga. Kwani the suit was for political campaigns or to be argued in a court of law? We have many pigs as lawyers.”
This prompted Omari to write a demand letter to Alai through lawyer Martina Swiga which he responded to saying he does fear the defamation suit.
In his demand, Omari argues that he was referred to as a “joker” and a “mijinga” to mean foolish and further alleged without any lawful basis that he was using legal proceedings against him as a tool for political publicity only because he had not been served.
He said the defamatory characterization of him as a “pig,” a “joker,” or as lacking intelligence is false, demeaning, and wholly inconsistent with his personal and professional standing as one of the high-profile criminal lawyers. Deploying such abusive language exceeds the bounds of lawful
expression.
“Your actions have caused irreparable harm to our client’s image, professional standing, and personal dignity. So long as the defamatory content remains accessible,” the demand letter reads.
He wanted Alai to immediately publish an unequivocal and unconditional apology and retraction of the ill-fated statements he posted, through Facebook and also admit liability for Sh 100M.
However, Alai says asking for Sh 100 M for a bruised reputation is not legal redress but a clown show.
“The law, which you claim to uphold, guarantees freedom of expression and fair comment, especially on matters of public interest. What it doesn’t protect is ego dressed up in inflated figures.”
Alai says Omari’s law firm does not command respect or have any corporate value because he used Gmail and yahoo accounts which are free calling it a hustle not a practice.
Interestingly, Alai has used HIV again in this letter saying “even the Majengo slum queens with HIV resistance price themselves more realistically,”
“I reject your demands in their entirety. Should you proceed, I am prepared to defend my rights vigorously” Alai says.
