GEORGIADIS KHASEKE

MOHAMMED NYAOGA
GEOFFREY IMENDE

WANJIRU NGIGE

PAULETTE ACHIENG'

GABRIEL MWANGI

EMMANUEL WETANG'ULA

SUSAN MUTALI

GUTO MOGERE

PATRICIA. LELEI

MWA~Gl MBOGO

DAVID ANGWENYI

OUR REF

AGM/GEN//MN/2016
YOUR REF!

TB A
DATE:

MARCH 24, 2016

David Ndii
NAIROBI
"By Email"

Dear Sir,
RE: DEFAMATORY ARTICLE

We act for Mr Mohammed Nyaoga who we will herein refer to as "Our client" who has
instructed us to address you as hereunder;
1. That on or about the 12th of March, 2016 you published or caused to be published

an article in "The Daily Nation", with the headline, "Jubilee is slaying the war on
graft; well ... tell that to the unborn. The words complained of are set out as:
"Before his appointment to chair the central Bank of Kenya board,
Mohammed Nyaoga was chairman of Ecobank's Kenya Subsidiary. QNB
announced the purchase of a substantial aclditional stake in Eco bank in
September 2014, the same month the ill-fated dollars vanished."

2. In this passage, you insinuated that Mr Mohammed Nyaoga' s appointment as the

Chairman of the Central Bank of Kenya Board was effected in order to facilitate
the vanishing and squandering of billions of dollars. Further, your article was
intended to convey, and was indeed understood to convey that our client is the
kind of person that would gladly participate in fraudulent activities.

MM CHAMBERS, 4TH FLOOR, K-REP CENTER WOOD AVENUE, OFF LENANA RD, KILIMANI
P.O. Box 61323-00200 Nairobi, Tel: +254-20-2397401 I 2 I 3 I 38623745
Fax: +254-20-2397404, Cell phone: 0722-851018
Dropping Zone No: 110, Revlon Plaza, 2nd Fir, Turbman Road
E-mail: info@'mohammedmuigai.com URL: www.mohammedmuigai.com

3. As you are aware, or ought to be aware, these words are utterly false and their
effect upon our client's good reputation is enormous. In their natural and
ordinary sense, or by necessary implication, the words meant and indeed were
understood to mean;

a) That our client is a fraudulent and dishonest person

b) That our client is incapable of discharging his duties truthfully and
honestly
c) That our client does not mind and would happily engage in fraudulent
activities.
d) That our client in one way or another participated in and was
connected with the disappearance of ill - fated dollars.

4. Naturally, these imputations are of a profoundly embarrassing character, and

would undoubtedly disparage the reputation of any person about whom they are
made, but in these circumstances, having regard to our client's reputation (both
nationally and internationally) as a senior lawyer with a track record of public
service, they are especially unfortunate and damaging.

5. They are also grossly unfair. Our client was not afforded even the slightest
opportunity to verify the accuracy of these outrageous claims. He doubts that any
serious attempt, or any attempt at all, was made to do so. This is regrettable. It is
made all the more tragic by the fact that your opinion piece enjoys a very wide
circulation.

Our instructions are therefore to demand from you, as we hereby do, an immediate and
unequivocal retraction of the story aforementioned, together with an unequivocal apology
for the publication and for the highly defamatory imputations conveyed by it, in such
terms as shall be approved by our client, after which we may be at liberty to address the
question of damages for the loss of reputation suffered by our client.

Kindly note that unless we hear from you on the above within 3 days of the date hereof,
we have irrevocable instructions to file suit against you at your peril as to costs and
attendant consequences.

cc:

client