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Doctors’ union bosses facing lawsuit for muting member on Facebook group

The Kenya Medical Practitioners Pharmacists and Dentists Union (KMPDU) secretary-general Ouma Oluga is facing legal action for reportedly ‘muting’ a colleague’s participation from the union’s official Facebook group.

As per a demand letter seen by Nairobi News dated November 21, 2019, and in what reportedly is a case of a political fallout within the union, Oluga and 11 other persons stand accused of forcefully denying one David Kahuria Mundia the right to participate in the activities of a Facebook group called ‘Real KMPDU’.

They face accusations of, among others, ‘discrimination and violation of fundamental rights and freedoms’.

IN PART

“My client is one of the approximately 6297 members of the group,” the demand letter by lawyer Jairus Otieno reads in part.

“On or about 15 November 2019, when my client was lawfully participating in the activities of the Group, you decided, unilateral and without assigning any reason whatsoever, to restrict and censor my clients’ activities in the Group, including restricting his access to the Group, censoring and restricting his posts,” adds the letter.

“I am instructed to demand, which I hereby do, your immediate admission of liability and wrongdoing, immediate unreserved and unconditional public apology by yourselves with a copy thereof published in the Group and immediate return of my client to his uncensored user and membership status in the Group. Thereafter we shall discuss the quantum of damages. I have firm instructions to take legal proceedings should you fail to act accordingly.”

The lawyer threatened to sue the parties if they will not have acted as demanded within three days.

In a telephone conversation, Mr Otieno said he had receive “just laughters” from the mentioned parties.