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Victor Wanyama sues over tweet

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Kenyan international footballer Victor Wanyama has sued oil manufacturer Menengai Oil Refineries for compensation over use of his image in a commercial advertisement.

In a case filed at the High Court, Wanyama, who plays for Tottenham Hotspur in England, is accusing Menengai of publishing his image alongside the company’s trademarked logo on June 21, two days before Kenya’s national team Harambee Stars played their first match at the African Cup of Nations (Afcon).

The footballer wants the court to declare that the action by Menengai contravened his image and personality rights.

He is also seeking a declaration that the image published by Menengai constitutes a marketing advertisement and that he is entitled to damages as a result.

BRAND AMBASSADOR

Wanyama says he has worked hard to build his brand and reputation over the past 12 years of his footballer career and as a result he is the brand ambassador for several companies such as Addidas, Multichoice and Safaricom.

“I logged onto my twitter account and confirmed that the company on their official twitter account was indeed using my image in a commercial advertisement,” says Wanyama.

The said image appeared on Facebook and Twitter, and were accompanied by the message “if you believe it, you can do it. We at Menengai should like to wish our boys all the best in the #AfricaCupOfNations. From #TheHeartOfGoodLiving. We believe in you.”

In the suit papers, Wanyama says the wording in the caption together with the use of his image created the impression that he was the official brand ambassador of oil maker.

ENDORSING MENENGAI

He says the context of the publication, the images and the eager public keen to watch the matches, were understood to mean that he was endorsing Menengai as its commercial ambassador, adding that the image used did not contain the entire Kenyan football team but a few select individuals.

“I did not consent to the use of my image in the post published by Menengai. I am greatly disturbed by the continued use of the image as the company has failed to delete the offending post from its twitter account despite demand to do so,” the footballer says in a sworn affidavit.

by nairobinews

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Police hunt clergyman who allegedly killed his son

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Police in Murang’a County have launched a manhunt for a retired Anglican Church of Kenya clergyman who allegedly killed his own son with the assistance of his other son.

The incident took place on Sunday morning when the father and his elder son picked their kin at home where he was sleeping and tied him around a tree in their homestead and beat him to death.

DISCIPLINE

An eyewitness, a grandchild to the clergyman, gave a blow-by-blow account of what happened, saying the father to the deceased had on Saturday called his other son who lived some kilometres away and instructed him to report to his home early in the morning for an assignment.

“I overheard my grandfather call my uncle urging him to report early in the morning to assist him with some chores. When he arrived, he was informed that they needed first to discipline my uncle (the deceased) and that’s when they picked him… they tied him around and descended on him with sticks until he died,” the witness said.

He said the deceased kept screaming and making distress calls but none of the neighbours came since there is bad blood in the neighbourhood.

An eyewitness said the suspects decided to ‘discipline’ the deceased after he was accused of stealing farm produce.

The suspect’s mother was in the homestead when the incident happened.

INJURIES

“She made desperate efforts to have his father, my grandfather, not kill him. I was also threatened not to go near the scene or else I would be disciplined too. After the incident I called my parents who live in Nyeri and informed them of the matter,” he said.

Locals described the deceased as a peace loving, hardworking and social man who farmed tomatoes for them.

They said the main suspect retired from service last year after serving as an evangelist with the ACK diocese of Mt Kenya Central.

“The deceased was social but had issues with his father emanating from a land dispute, John Kiiru, a resident said.

The body of the deceased had severe injuries.

BY NN

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“I am carrying Lamu Senator Anwar’s baby” an excited Saumu Mbuvi reveals

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Just Valentine´s, Saumu Mbuvi surprised us with a grown baby bump and she reveals the father is Lamu Senator Anwar Loitiptip.

The two have been dating since 2019 though it was gamble letting the cat out of the bag, on who was warming her bed until fans unveiled his face.

So now, the Nairobi Governor´s daughter confirmed she is indeed pregnant and due to deliver in a few months.

Saumu Mbuvi proudly flaunts second pregnancy

However, baby´s gender is not known to her yet.

Speaking of the pregnancy, Saumu affirmed that Lamu Senator-cum-lover, Anwar Lotiptip is her baby´s father.

Saumu and Senator Anwar expecting first child together

Adding that Anwar is pretty happy and excited about the pregnancy.

BY Ghafla

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Succession: Biwott was either not as wealthy, or shared out a majority of his assets before death

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Former powerful Cabinet minister Nicholas Biwott had for decades been one of Kenya’s biggest mysteries such that, when he died in July 2017, many felt his net worth was more than the Sh1.4 billion that was revealed.

It is believed he had a stake in over 40 companies, among them Kenol Kobil, Sisibo Tea Factory, HZ Construction and Air Kenya.

But his succession has revealed that Mr Biwott was either not as wealthy as perceived, or perhaps shared out a majority of his assets before death.

Nearly three years after his demise, even the Sh1.4 billion risks being depleted owing to debt claims that are now at the centre of court battles in Nairobi and Eldoret.

The claims indicate that Biwott may have suffered a cash crunch in his final years as the former minister allegedly died before paying debts worth millions of shillings.

The latest claim has been made by lawyer Ahmed Adan, who alleges he lent Biwott Sh71 million between October, 2014 and May, 2015.

The claims could leave Biwott’s net worth at Sh500 million, or less.

On December 20, 2017, the executors of his will — lawyers Desterio Oyatsi, Hamish Keith, and Yaya Towers managing director Elisabeth Klem — asked anyone claiming money from the deceased to come forward with evidence.

Claims rejected

The executors rejected three claims that have now become the subject of court proceedings.

Eldoret-based real estate baron Barnabas Arap Kiprono, Biwott’s banker Rosemary Kamene Nzeki and Mr Adan all had their claims rejected. They now want the court to intervene.

Mr Kiprono’s claim for nearly Sh1 billion is pending determination at the Eldoret High Court. He claims to have lent Biwott Sh382 million in cash and bank transfers to enable him to settle some debts and boost some of his businesses.

The businessman claims that interest on his loans to Biwott have pushed the total debt to nearly Sh1 billion.

Ms Nzeki says she handled Biwott’s Barclays Bank account for years and the same had pending salaries of Sh1.6 million for the period covering January-June, 2017.

The banker also loaned Biwott Sh762,600 and furnished the court with two undated cheques to prove her claim.

On March 16, 2018, Mr Adan lodged his claim with the three executors but was denied any payment. He now wants the Sh71 million with interest paid.

Mr Adan’s claim has sparked off a fight that could get dirty, as the executors now accuse the lawyer of trying to alter sales proceeds paid to Biwott into a loan.

The lawyer says he loaned Biwott the funds via bank transfers from Barclays through Wetangula, Adan & Company Advocates.

Legitimate explanations

But the executors argue that the banking slips Mr Adan produced as evidence of the loans, only indicate that the law firm remitted the money to Biwott as “sale proceeds and purchase price deposits”.

“It is an abuse of the court process for Mr Adan to bring this action, alleging that he paid the said sums of money as a loan to Mr Biwott. Mr Adan’s claim is false and an abuse of the court process,” the executors stated.

Mr Adan argues that the executors have not given any evidence that the monies paid to Biwott were either sale proceeds or deposits for purchases.

High Court judge Margaret Muigai has refused to strike out the executors’ defence as requested by Mr Adan.

The judge has ruled that it is urgent to confirm, through a trial, whether there is indeed a loan or not.

“The defence raises real issues for trial and cannot be struck off at this stage … There could be other plausible and legitimate explanations of these funds transfer,” the judge ruled.

By Daily Nation

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