Institution of Engineers of Kenya (IEK) President, Shammah Kiteme has threatened to sue the Nairobi Hospital.
Kiteme through his lawyer Eric Mutua on Tuesday July 9 issued an ultimatum to the Nairobi hospital to meet listed demands failure to which he shall file a defamation lawsuit.
According to Kiteme, the hospital which operates under Kenya Hospital Association (KHA) had earlier in a notice disowned him warning Kenyans against dealing with him as an apparent representative of the hospital.
KHA in the notice published in the dailies stated that Kiteme is no longer their employee and is not authorized to conduct business on behalf of the hospital.
Kiteme’s lawyer, however, in his letter said that the notice by the hospital has injured the engineer in this credit, character, calling as an engineer, and in his reputation.
The lawyer issued a 24-hour ultimatum to the hospital to comply with listed demands failure to which a defamation lawsuit shall be tabled before court.
“Today the 9th of July 2024, you maliciously and falsely caused to be published and or carried out a public notice in the Daily Nation Newspaper the following words/publication of and concerning our client,” read part of the letter.
“TAKE NOTICE that unless you comply with our demand within the next Twenty- Four (24) hours, we have instructions to file a suitable defamation suit including an order to prohibit further publication, against you without any further reference to you and at your risk to the sequel costs.”
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Kiteme Reacts to Notice by Nairobi Hospital
The lawyer stressed that Engineer Kiteme is more aggrieved, and the damage aggravated given the extrinsic facts that he is the IEK President and was recently appointed as a member of the Presidential Task Force to Audit Public Debt.
In his argument, Kiteme’s lawyer highlighted that the words published in the notice by KHA in their natural and ordinary meaning, damaged the IEK President’s reputation.
According to the letter, the words were understood to mean that Kiteme is a criminal operating a syndicate to defraud and harm members of the public and has mismanaged funds and abused his position or office.
The legal team further claimed that the words were understood to mean that the engineer is not fit to be elected to the position of Chairman of Engineers of Kenya, is a fraudster and untrustworthy individual and that his integrity is impeachable.
Also Read: Nairobi Hospital Disowns Engineer Days After Ruto’s Appointment
“Further, by way of innuendos and legal innuendos, the said words meant and were understood to mean as above.
“As a result of the said words, our client has been greatly injured in this credit, character, calling as an engineer, and in his reputation, and has been brought into public scandal, ridicule and contempt both locally and internationally,” the letter adds.
Demands
Following the claims of defamation, Kiteme’s lawyer issued demands that must be met by the hospital.
First, the lawyer demanded for the hospital at its own cost, publish a suitable withdrawal of the contents of the notice and offer an apology content of which are to be approved by the complainant.
Kiteme’s lawyer stressed that such withdrawal and apology is to be published in the Daily Nation newspaper and online publication.
Also, the lawyer demanded for an undertaking in writing by the hospital that it will not repeat or be unduly influenced to repeat the said or similar words and allegations against Kiteme.
“Pay an appropriate sum in damages, whose quantum is to be agreed, in order to compensate our client for the said serious injury to his reputation. associated distress and embarrassment,” the letter adds.
Presidential Taskforce
The notice by the hospital came days after the IEK President was named among members of the newly established Presidential Taskforce on Forensic Audit of Public Debt by President William Ruto.
Other members of the taskforce included Institute of Certified Public Accountants of Kenya (ICPAK) Chairperson Philip Kaikai, Vincent Kimosop and Law Society of Kenya (LSK) President Faith Odhiambo who has since rejected the appointment.
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