‘COMMISSIONERS FOR OATHS & NOTARIES PUBLIC 7.0 er 1900 Nia 00100 Kenya) F (20) 4484426 Tal Code 4254 Dropping ZeseNo.22, Revlon Pata] Eel nfe@emboyewcom ‘wir ketaboylaw com an aaseenn 4s Me (o) 711232636, (0)711 233635, Our Ref: 010/CIV/S008/01/BK Your Ref: Date: 6" September 2010 Alice Munyua The Moderator Kictanet Discussion Forum NAIROBI Dear Madam, “Advance copy by emai @apc.org” RE: MALICIOUS FALSEHOODS AND DEFAMATORY POSTINGS ON SOPHIA BEKELE Our client has noted the content of your e-mail sent in response to our letter dated 25" August 2010. While you assert that web posts could not be moderated, a cursory look at the Kictanet web site indicates that Mailman version 2.1.13 is in use. A simple review of the features and functionality of the site indicates moderation (post approvals) - (http://www. list.org/features.html). Therefore contrary to your assertion there is no technical reason that web posts could not be moderated. It would appear that you and others have been negligent in the administration of the mailing list.-. Tt would indeed be tragic that a forum like this can be left to the whims of the members with its attendant likelihood of abuse as has happened to our Client. More significantly, we have reviewed again the mails in question and we note with consternation that even as these e-mails clearly evinced unmitigated libelous content on our client, you forwarded the following comment by a third party: ‘VAT No. 017782 Julius K. Kemboy | Patrick O. Onyango | Martin Ole Kamwaro | Joan O. Oburu | Bilha W. Kinyanjui PIN No, AaIan6s2722 ‘Moses K. Chelanga | Jolly L. Ajiambo“So when this particular ‘controversial’ lady was making an 'AU statement’ doesn't it mean she must have been pushed by someone? I'm sure there are more who have may have wanted to bring about the positions of Africawide bodies but again, they use the fence instead of the door.” For strange reasons that our client cannot comprehend, you weighed in with the following acerbic comment: “Were her ‘recommendations, suggestions’ or whatever, adapted during EAIGF in UG? No, not adopted. We had to caution against seeking adoption for an initiative that has not followed the EA-IGF process...using a bottom up approach to present issues/ideas at the national IGFs before it is presented to the regional for consideration”. No doubt, you recall that in particular reference to the Uganda Conference, our Client and her advisors were actually invited by you and that they not only honored your invitation but they also actively participated on the debate on various issues/topics to the National IGF in Kenya. Indeed our Client made brief remarks and comments on contributions on the topic of new GTLDs and dotafrica status towards the end of the meeting. In fact, DCA did not ask for a specific endorsement as EAIGF is not the correct forum to provide such endorsements. We have set out the above facts to demonstrate that you have a responsibility to at the very least mitigate these unwarranted attacks on the character and reputation of our Client. This is more so because Kictanet web site also avails an archive of all messages and whereas it may not be possible to take back the damage done by posted messages, it should be possible to delete such messages from the archive and minimize the potential of recurring defamation. In this regard, a list of messages to be deleted is attached.We therefore write to convey our Client’s request that in addition to deleting the said messages, the disclaimer and clarification attached below be sent from the administrator to all Kictanet users. Our client in the meantime reserves her unqualified rights to pursue the individual authors of the said libelous messages at an appropriate time. Yours faithfully, KEMBOY & COMPANYAttachment 1 - Statement to all KICTANET users “Subject: DotAfrica -Defamatory Statements Kictanet is an open forum for the exchange of ideas and comment relating to the ICT community. Last week some postings were exchanged regarding the DotAfrica initiative and it has now been brought to our attention that some of these postings contained statements that adversely reflected on the character of Ms Sophia Bekele. Such attacks are completely contrary to the spirit under which Kictanet was established. It is impermissible for anybody to use the forum to carry out attacks on another person's reputation or circulate unsubstantiated statements. Offenders should note that any breach of this rule could give rise to individual liability under the relevant laws on libel and that no exception will be made that the medium used was e-mail. In this regard, Kictanet administrators take this early opportunity to disassociate themselves from the said unfortunate comments and apologize to Ms Bekele for the distress and embarrassment that the said publication of these comments may have caused her. The relevant mails will be removed forthwith from the archive”.Attachment 2 - Ei to be deleted from Arc! + [kictanet] Fwd: Africa domain? Brian Munyao Longwe © [kictanet] Fwd: Africa domain? Barrack Otieno + [Sitaned] Fiud: Aires domain? Brian Munyao Longwe ‘kictanet] Fwd: Africa domain? Dandjinou Pierre + [kictanet] Fwd: Africa domain? Barrack Otieno + [kictanet] Fwd: Africa domain? Solomon Mburu Kamau + [kictanet] Fwd: Africa domain? Alice Munyua + [kictanet] Fwd: Africa domain? Solomon Mburu Kamau + [kictanet] Fwd: Africa domain? McTim + [kictanet] Fwd: Africa domain? Sean Moroney + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push Brian Munyao Longwe oe [kictanet] Fwd: information on .africa and the lies surrounding an individual's push Njenga Gathecha + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push_ Solomon Mburu Kamau + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push_Walubengo J + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push_ Barrack Otieno + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push Njeri + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push_ Brian Munyao Longwe + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push_ Njeri o [kictanet] Fwd: information on .africa and the lies surrounding an individual's push Agosta Liko + [kictanet] Fwd: information on .africa and the lies surrounding an individual's push waudo siganga + [kictanet] AITEC africa panel Brian Munyao Longwe o [kictanet] Strengthening E-Commerce for Regional Growth- Conference-Sept 13-14th 2010 Walubengo Jo [kictanet] AITEC .africa panel Sean MoroneyATTACHMENT 3-CLARIFICATION OF “INFORMATION ON DOTAFRICA AND THE LIES SORROUNDING IT” Dear All, It has been brought to my attention that an email titled “ Information on DotAfrica and the Lies Surrounding it” that has been circulated in the group contains some false allegations. Communication has been received from Ms. Sophia Bekele, the Executive Director of DotConnect Africa to the effect DCA would like to clarify the issues as follows: It is mentioned that Ms. Bekele is “propagating lies” that she was “a member of the Board of Directors of ICANN”. As you may be aware, ICANN is made of many advisory boards or councils structures as they are alternatively referred. Ms. Bekele has never claimed to be “a member of Board of Directors of ICANN”. At the material time (about four years ago in 2006 when the said letter was in circulation) she was an elected member of the ICANN’s Council of the GNSO (Generic Names Supporting Organization), which is a high level policy body of ICANN that influences the Board on gTLDs and any inference that she was on the main board was clarified in subsequent correspondences. Ms. Bekele has therefore never expressly or otherwise claimed to be or to have been on the “Board of Directors” of ICANN. It is unfortunate and unacceptable that a four year old correspondence is circulated without attribution. Additionally, it is noteworthy that policy bodies such as GNSO are customarily referred to as “GNSO Board” by members of GNSO ICANN It is also alleged that Ms. Bekele falsified a letter from the African Union (AU) endorsing the DotAfrica project and “put up counterfeit letters on her website”. On sighting of the letters, it is clear that the same emanated from AU as the second letter (which has been accepted as valid) states that the first letter existed, and the author of the second letter cross refers to it. AU office has also not disputed the existence of such letters. Finally, it is claimed that Ms. Bekele lied to the government of Ethiopia and therefore informed the cancellation of AfriNic Training that was due tobe held in Ethiopia 2 years ago, in November 2008. There is no evidence that Ms. Bekele lied to or misled the government of Ethiopia. The Ethiopian authorities have not officially communicated that Ms. Bekele lied or misled them. To this end, the claim has no basis.. Ms. Bekele has found it necessary to clarify the above unfounded claims against her person and therefore integrity and reputation without prejudice of her liberty to commence proceedings against the individual authors of the offensive emails.