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A US-based Kenyan lawyer has filed a defamation suit in against a Kenyan blogger for failing to pull down an offending article published on his blog last year.
In a suit filed at the Montgomery County Circuit Court in Maryland, lawyer Regina Njogu claims that the owner of the blog by the name Kenyapoa published a “malicious story which has caused me emotional distress”.
In the papers filed at the court registry, the attorney, who runs RNW law firm as a partner, accuses the blogger of writing an article which erroneously portrayed her as having been indefinitely blocked from practicing law in the US for alleged misconduct.
She further alleges that the blogger often publishes inflammatory and defamatory articles against Kenyans residing in the US.
Ms Njogu, who practices law in New York said she filed the libel suit against the unnamed respondent after attempts to have the blogger pull down the article.
She said that privacy features on the website has made it impossible for her to know the real identity of the blogger.
Under Maryland law, if the court grants her plea, a subpoena will order the identity of the blogger to be revealed.
Njogu said that on or about March 28th, 2016, the respondent wrote and published an article on the blog titled: ‘Kenyan lawyer has been indefinitely suspended from the practice of law for engaging in professional misconduct’.
“The defendant has taken advantage of legal protections to make false, unsubstantiated, and defamatory statements against the plaintiff by operating anonymously and by protecting his or her information from discovery, argues Njogu.
“The offensive and defamatory statements made by defendant are not protected under the First Amendment of the Constitution of the United States," she adds.
She wants the court to grant a subpoena duces tecum (write ordering a person to present relevant documents in court) against the blogger.
She demands "punitive damages for actual malice and reckless disregard for the truth" in the amount of $100,000 and any other charges that the court may deem fit.
“Clearly the said article is malicious and was deliberately meant to tarnish my name and standing in the society,” she said.
She further pleads with the court to grant a subpoena to Automatic Inc, a corporation based in San Francisco, California, which is the web host, IP provider, and registrant of the blog. She also wants the court to compel Mark Monitor Inc., a San Francisco-domiciled company which serves as the domain provider of the respondent's blogging site, to provide the necessary information to the court.
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@FormerlyGuest2. You see to (somehow) know this lady. Right?
I do not know her as in we are not buddies or anything , if you live in DMV everyone knows Regina Njogu some much more than others :-)
DMV as in Department of Motor Vehicles??? ....wonders never cease; you mean there are some Kenyans who live here?
I decided to Google her. She is Well Known; and she has Said or Written lots of stuff about herself.
Anyone in the DMV area knows her story, so I even wonder what she is suing for.
She published it on Mwakilishi sometimes ago. Has she forgotten that?
Sue them left and right. Even if information is in public domain, no one has right to use the same to malign the subject. I bet one should not write what they heard through the grapevines as though they witnessed it-common etiquette.
I agree. It could even be called "plagiarism".
WaKenya wengi like seeing pple suffer instead ya kumalift up. Na wengi wao wanjiita wakristo. Bure kabisa.
She need to sue them and we support her if we (kenyans) are needed. This bloggers make their names by blogging the negatives in our society. Sometimes i read stories and i wonder why is it a story in the first place. I wish we can open our eyes. Tomorrow they will blog nonsense about us
But the same Regina, Mwakilishi Owner, Mary Munyiri and Comfort Munoru (all kikuyus) had no problem maligning some of us (non-kikuyus) a few years back. Infact all Kikuyu e-tabloids posted the story. But, like they say, esivala engara. They have been paid in full. I will not pretend that I wish them well...no. I am human. I refused to defend myself nor engage them, but prayed to the all knowing creator "God destroy my enemies" one by one they toppled. I do not celebrate their downfall nor deaths, but also lack empathy for them. The money still lives with Wells Fargo.
She practices law in NYC now? Mmmm? wacha I nyamanza with the rest of my comments incase I get sued ...