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Saturday, December 09, 2006

What Moi’s Lawyer Said About Sensational Ouko Statehouse Sex Scandal Book

One thing about Marianne Briner’s book, which I am currently serializing to my email list (subscribe now by sending a blank email to KUMEKUCHA-SUBSCRIBE@YAHOOGROUPS.COM) is that it does not pull any punches and the author even goes on to describe her love relationship with Moi in great detail. This did not amuse former President Moi’s lawyers. Below we reproduce the correspondence between Moi’s lawyers and Marianne.

Marianne poses the question, If Mutula Kilonzo is still the former President’s lawyer, what is he doing in ODM? Is he a mole?

Good question, maybe some readers of this blog may want to volunteer an answer.

Marianne says;
Attached is the letter which Mutula Kilonzo has first written to me and then also attached to an email sent to my co-author Sam Okello. You can publish it. Sam had already given it also to Mambogani for publication which they did.

I would put the question if he is still Moi's lawyer now that he has joined ODM - if yes, then he is a mole in the whole movement. That's my opinion, of course.

Regards,
Marianne



Mr. Sam Okello

Dear Sir

RE: A SHINING STAR IN DARKNESS

Refer your e-mail of 11th May 2006. Neither my client nor ourselves as a law firm have any problem with fiction. However, the material contained in the purported manuscript is not only defamatory, it is defamation itself relative to our client. A copy of our e-mail to Marianne Briner of 12th April 2006 is attached* herewith for ease of reference. If you attempt to formally publish the said purported manuscript in any way in the present form be prepared to face the consequences of a law suit of monumental proportions wherever you publish it, sell it, distribute it, wherever you live, wherever you work, wheresoever.

We have no instructions to engage in any further correspondence over the matter and any further communication from you or Briner will be ignored until or unless the purported manuscript takes another form. For the time being and on the basis of the contents of the e-mail from Briner and yourself publication has already taken place, of which you take equal responsibility with her all rights of our client fully reserved in every respect.

Yours faithfully
For: KILONZO & COMPANY

MUTULA KILONZO EBS,SC
Cc: Client
/sm

-------------------------------------------------------------------------------------------------------------------


12th April 2006

Ms. Marianne Briner
By E-mail

Dear Madam

RE: A SHINING STAR IN DARKNESS : A NOVEL BASED ON TRUE-LIFE STORY: BY MARIANNE BRINER – SAM OKELLO

Having received a copy of the above publication (for purposes of the law on libel, publication has already taken place), we are instructed to state to you as hereunder: -

1. The fact that the material is defamatory is self evident.

2. It is easy for any Kenyan or international reader to identify “Mzee” in the publication with our client. As such the publication passes the identity hurdle of libel law.

3. That the allegations regarding our client in the publication are malicious is hardly an issue for debate.

4. The contradictions between the story you told the world during the Parliamentary Select Committee on the late Minister Ouko’s death and the story told by Mari in this malicious publication require no repetition. As author you bear responsibility in every regard.

5. The contradictory and malicious conclusions Mari makes in the publication regarding the purported reason for the killing of the late Minister Ouko and your testimony in the said Committee require no great elaboration.

6. I am sure that even a person like you can see the smelly and defamatory difference between the “corruption” forming the foundation of your testimony before the said Committee and the alleged “Ugandan girls” at page 353 (headed “Epilogue”) of the publication.

7. The attempt by Mari to malign not only our client but also his entire family in the publication is false, malicious and despicable.

Please take notice that if you dare to formally publish this purported novel anywhere in the world, even in the moon, you will attract a law suit of Tsunami proportions. You will be sued (not only in Kenya but also in the country you live and/or publish the purported novel) together with “Sam Okello”, the publisher, the printer, the seller and anyone else involved in the defamation. You will incur legal expenses of astronomical proportions after which the damages payable to our client will require your settlement.

In view of your tendency to twist words to suit your scheming please note that the above is both a law suit threat and also a statement of fact.

For the avoidance of doubt we will not engage in further correspondence with you except to file suit when you make your move.

Yours faithfully
For: KILONZO & COMPANY

MUTULA KILONZO EBS,SC

/sm

Kumekucha's Exclusive Interview With Marianne Briner

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