A US-based Kenyan lawyer has sued a Kenyan blogger for publishing offensive, inflammatory and often defamatory articles mostly about Kenyans living in the US or abroad.”
Ms Regina Njogu filed the suit in Montgomery County Circuit Court in Maryland after what she claimed was the refusal by the said blogger to pull down the malicious article which was meant to tarnish her reputation.
The blogger who has yet to be named penned an article at Kenyapoa a website hosted in the wordpress.com servers which stated that Ms Njogu had been suspended indefinitely from the legal practice for misconduct.
It was not possible to identify the blogger as the website seems to employ privacy features which makes it difficult to unearth the writer. A subpoena may however force the identity of the blogger to be revealed.
Ms Njogu said in her suit that the defendant had taken advantage of legal protects to make the false and malicious statements against the plaintiff by operating anonymously.
She is requesting “Subpoena Duces Tecum” (a writ ordering a person to attend a court and bring relevant documents) to be issued against the blogger.
She is seeking punitive damages for “actual malice and reckless disregard for the truth” in the amount of $100,000 (Sh10.2million) against the blogger.
However, last year, the attorney penned an article stating that she got in trouble with the Maryland Attorney Grievance Commission/Bar where she had a client register her car using her name so that she could save on insurance.
The case was heard before the bar and was concluded in October 2015. In her article, she stated that she admitted the facts of the allegations and explained that she was at the time suffering under symptoms of bipolar and it was beyond her control.
After an evaluation, a Psychologist commissioned by the Grievance Commission examined her and her medical records and concurred with her explanation.
As a result, the Attorney Grievance Commission with her consent, agreed to have Ms Njogu indefinitely suspended from the practice of law in Maryland until she was able to provide certification from a physician showing that her illness is under control.
She was however not entirely suspended from practicing law as the New York bar did not suspend her though they were aware of the facts of the case. She remained in good standing in the state.