REPUBLIC OF KENYA

IN THE RESIDENT MAGISTRATE COURTAT NAIROBI

CIVIL SUIT NO…….OF 2022

JAMES NJOROGE…………………………………………1ST PLAINTIFF

BETTY NJERI………………………………………………2ND PLAINTIFF

LEVY MASIGA…………………………………………….3RD PLAINTIFF

AZZIAD WAFULA…………………………………………4TH PLAINTIFF

JOSIAH MWANGI…………………………………………5TH PLAINTIFF

VERSUS

NAIROBI STAR PUBLICATION LTD…………………….DEFENDANT

STATEMENT OF DEFENSE

Save as otherwise admitted herein above ,defendant denies every allegation of fat and

law raised in the plaint as if the same had been specifically set out here in and

traversed seriatim.

The defendant Nairobi Star Publication Limited named above states in answer to the

plaint as follows that:

1. The contents of paragraph 1,2,3,4,5and 6 are noted.

2. The contents of paragraph 7 are noted and plaintiff is put to strict proof thereof.

3. The defense in no way repudiate the contents of paragraph 8.

4. Save that the defense notes the contents of paragraph 9,10 and 11.

5. The contents of paragraph 12 are denied

6. The defense wishes that the plaintiff is put to strict proof thereof in regards to

paragraph 13.

7. The contents of paragraph 14 are denied.

8. The contents of paragraph 15 are noted.

9. The jurisdiction of this Honourable court is noted.

10. By reason of defense written in the statement herein above, the amount claimed

and other prayers and or relief sought by the plaintiff at the end of the plaint

should be dismissed in their entirety with cost awarded against plaintiff.

DATED at NAIROBI 1ST day of DECEMBER 2022.

VERIFICATION

I being the principal officer of the defendant hereby verify that save for paragraph 9

which is based on advice received from one of the advocates of which I verily believe

to be true ;what is stated in 1,2,3,4,5,6,7,8 and 10 above is true to the best of my

knowledge .

Principal officer of the defendant able to depose on the facts of the case .

Presented for filing this day of 2022.

Registry office.

DRAWN AND FILED BY:

NDING’URI AND COMPANY ADVOCATES

THIKA ROAD ,HAZAM TOWERS

3RD FLOOR ,104-6743,

NAIROBI ,KENYA

TO BE SERVED UPON

COSMO & COMPANY ADVOCATES

MHINDI BINGU HOUSE,

8TH FLOOR ,P.O.BOX 4578-00100,

NAIROBI,KENYA.
REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE COURT AT NAIROBI
CIVIL SUIT NO…………………OF 2022
JAMES
NJOROGE…………………………………………………………………………………………………………………………………………
……………….1st PLAINTIFF
BETTY
NJERI…………………………………………………………………………………………………………………………………………………
…………………….2ND PLAINTIFF
LEVVY
MASIGA……………………………………………………………………………………………………………………………………………
………………………………3RD PLAINITIFF
AZZIADD
WAFULA……………………………………………………………………………………………………………………………………………
……………………………….4TH PLAINITFF
JOSIAH
MWANGI…………………………………………………………………………………………………………………………………………
……………………………. 5TH PLAINIFF
- VERSUS-
NAIROBI STAR PUBLICATION
LTD…………………………………………………………………………………………………………. DEFENDANT

VERYFIYING AFFIDAVIT
WE NAIROBI STAR PUBLICATION LTD of post office NO 2135 the Republic of Kenya do hereby make
oath and state as follows: -
1. That this company is the defendant herein and hence competent to swear this
affidavit.
2. That I have read the contents of the plaint filed and confirm that the same are not
true neither correct.
3. That there was another case filed to the court before this on the same.
4. That what is deponed for herein is true to the best of our knowledge, information
and belief save where sources have been disclosed.

SWORN BY NAIROBI STAR PUBLICATION LTD

At NAIROBI this 26 day of NOVEMBER 2022

BEFORE ME:
NDING’URI SAMUEL
ADVOCATE

COMMISSIONER FOR OATHS

DRAWN AND FILED BY
NDING’URI AND COMPANY ADVOCATES
THIKA ROAD, JAZAM TOWERS
3RD FLOOR,104-6743
NAIROBI, KENYA
Email: ndinguriadvocates@gmail.com

TO BE SERVED UPON
COSMO & COMPANY ADVOCATES
MHINDI BINGU HOUSE
8TH FLOOR, P.O BOX 4578-00100,
NAIROBI, KENYA
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE COURT AT NAIROBI
CIVIL SUIT NO ………… OF 2022
JAMES NJOROGE……………………………………………………. …………1ST PLAINTIFF
BETTY NJERI …………………………….…………………………. …………2ND PLAINTIFF
LEVY MASIGA ………………………………………………………. ………..3RD PLAINTIFF
AZZIAD WAFULA……………………..………………………………………. 4TH PLAINTIFF
JOSIAH MWANGI …………………………………………………. ………….5TH PLAINTIFF
-VERSUS-
NAIROBI STAR PUBLICATION LTD…………………………………….. DEFENDANT
MEMORANDUM OF APPEARANCE
KINDLY ENTER APPEARANCE for Nairobi Star Publication, the defendant herein,
whose
Address of service is care of NDING’URI AND COMPANY. ADVOCATES,THIKA ROAD
HAZAM TOWERS 3RD FLOOR,P.O BOX 104-6743 NAIROBI,
EMAIL :info@ndinguriadvocates.ac.ke ,TEL:+254 765342863, +254 788860000
Henceforth, all pleadings and correspondences relating to the defendant should be
addressed to the aforesaid address .
Dated at NAIROBI this 1st of DECEMBER 2022.

………. ..……..…………………………………….
NDING’URI AND COMPANY ADVOCATES
ADVOCATES FOR THE DEFENDANT

DRAWN & FILED BY

NDING’URI AND COMPANY ADVOCATES
THIKA ROAD, HAZAM TOWERS
3RD FLOOR
PO BOX 104-6743 ,
NAIROBI.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE COURTAT NAIROBI
CIVIL SUIT NO…….OF 2022
JAMES NJOROGE…………………………………………1ST PLAINTIFF
BETTY NJERI………………………………………………2ND PLAINTIFF
LEVY MASIGA…………………………………………….3RD PLAINTIFF
AZZIAD WAFULA…………………………………………4TH PLAINTIFF
JOSIAH MWANGI…………………………………………5TH PLAINTIFF
VERSUS
NAIROBI STAR PUBLICATION LTD…………………….DEFENDANT
List of Witnesses
1 Riziki Taveta - publisher
2. Mashirika Kanene - reporter
3 DR Eugine Kamau-lecturer
4 Elsie Hanifa - student
Dated this day of 1st DECEMBER 2022.

DRAWN AND FILED BY:

NDING’URI AND COMPANY ADVOCATES
THIKA ROAD ,HAZAM TOWERS
3RD FLOOR ,104-6743,
NAIROBI ,KENYA

TO BE SERVED UPON
COSMO & COMPANY ADVOCATES
MHINDI BINGU HOUSE,
8TH FLOOR ,P.O.BOX 4578-00100,
NAIROBI,KENYA.
 REPUBLIC OF KENYA
IN THE RESIDENT MAGISTRATE COURTAT NAIROBI
CIVIL SUIT NO…….OF 2022
JAMES NJOROGE…………………………………………1ST PLAINTIFF
BETTY NJERI………………………………………………2ND PLAINTIFF
LEVY MASIGA…………………………………………….3RD PLAINTIFF
AZZIAD WAFULA…………………………………………4TH PLAINTIFF
JOSIAH MWANGI…………………………………………5TH PLAINTIFF
VERSUS
NAIROBI STAR PUBLICATION LTD…………………….DEFENDANT
Witnesses Statements.
W1
I, Riziki Taveta a resident of Nairobi within the Republic of Kenya and of I.D No_____________ and of
P.O Box___________________ Nairobi, make oath and state as follows;
THAT, I am an adult of sound mind residing and working for gain in Nairobi.

THAT, I make this statement with full knowledge of the facts of this suit, therefore competent to
make this statement.

THAT, I published the news content concerning the University in the newspaper.

THAT, I acquired full consent from the editor to publish the newspaper.

THAT, I find no wrong in the news brought to us by our reporter.

THAT, our reporter informed us that the four lecturers tried to contact her and bribe her to bring
down the news from being publicised.

THAT what is stated herein is true to the best of my knowledge, information and belief.
Sworn at Nairobi by the said
Riziki Taveta ………………………………

W2
I, Mashirika Kanene a resident of Nairobi within the Republic of Kenya and of I.D No_____________
and of P.O Box___________________ Nairobi, make oath and state as follows;
THAT, I am an adult of sound mind residing and working for gain in Nairobi.

THAT, I make this statement with full knowledge of the facts of this suit, therefore competent to
make this statement.

THAT, I went to investigate the matter in the university through interviews , and observations.

THAT, the news gathered is not as a result of inducement from any person.

THAT, I almost got bribed by the four university lecturers to erase the news gathered.
THAT, I wrote to the publisher and notified him.

THAT what is stated herein is true to the best of my knowledge, information and belief.
Sworn at Nairobi by the said
MASHIRIKA KANENE ………………………………
DEPONENT
THIS DAY OF 1st DECEMBER 2022
BEFORE ME: -
ADVOCATE
.............................
Dated this day of 1st DECEMBER 2022
DRAWN AND FILED BY:
NDING’URI AND COMPANY ADVOCATES
THIKA ROAD ,HAZAM TOWERS
3RD FLOOR ,104-6743,
NAIROBI ,KENYA

TO BE SERVED UPON
COSMO & COMPANY ADVOCATES
MHINDI BINGU HOUSE,
8TH FLOOR ,P.O.BOX 4578-00100,
NAIROBI,KENYA.