A businesswoman in Nairobi has filed a defamation case in the High Court against two individuals for the publication of false and disparaging information against her.
Ayni Hussein Mahamoud is seeking a permanent injunction restraining Abdirizak Mohamed Hassan and Abdihakim Saidi Jama, whether by themselves, agents, employees or any person acting under their instructions, from further publishing, posting, broadcasting, or causing to be posted, published, or broadcast in any media or platform, any defamatory statements against her.
She also sought an order directing them to remove and retract all the publications made by the defendants that bear her name and an apology of similar prominence as the defamatory statements made.
According to the court documents, the Plaintiff sought general damages for libel, exemplary damages for defamation, and the cost of the suit together with interest at court rates.
Ayni who is a Briton said that her reputation has been gravely injured, requiring a remedy from the court.
“I have been publicly defamed, therefore, it requires remedy for vindication and consolation for damages suffered,” Ayni states in her affidavit.
Abdirizak is being accused of making defamatory statements in an affidavit filed at Kahawa Law Courts, Criminal Case No. E130 of 2024, where he is charged with obtaining registration by false pretence.
He states that, “contrary to the aversions contained in paragraph 9, since this malicious and fabricated investigation was commenced by the former Investigating Officer Abdi Mohamed Bonaya, my mother has been subjected to threats, intimidation, and coercion by the said officer to turn my mother against me and disown me to serve hidden interest and ulterior motives of the main complainant, a dual citizen of Britain and Norway by the name Ayni Hussein Mahammud, who I believe to be behind my troubles because of my close association with her former husband.”
Further, he proceeded to accuse the complainant of putting his mother under an extreme environment of intimidation, threats, coercion, and phone-tapping by the said former Investigating officer, who he alleges to be serving the interest of Ayni, whom she alleges to be his girlfriend.
Abdirizak also indicated that the complainant is in the country illegally since her tourist visa had already expired.
Ayni accused Abdihakim Saidi Jama of engaging in unhinged and reckless publication of defamatory statements referring to her in the following terms.
“Due to progress in business, she started introducing love matters that she wanted to tie the knot with me, something that never augurs well because I received information from my close friends that Ms. Ayni is married in Britain. I totally refused her advances to marry her. I married my wife, and Ayni was displeased…”
In this regard, Jama was the employee of Ayni.
She stated that the defamatory statements were published most maliciously, aiming to hurt her reputation, honour, and standing.
“The publications were done with the sole aim of disparaging my standing in society and career in a surprisingly cynical and destructive fashion to my family and without due regard to the fact that I am happily married,” Ayni stated.
While convincing the court, Ayni said she was identified by a large and unquantifiable number of readers as the defendant’s statements were made at the police station, while Abdirizak’s Affidavit was filed in court, hence both constitute public documents and can be accessed by anybody.
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