Embakasi East MP Babu Owino has issued a 2-day ultimatum to NTV following the airing of a story on Felix Orinda, alias DJ Evolve's health condition, on Monday, June 29.
In a demand letter obtained by Kenyans.co.ke dated Wednesday, July 1, the lawmaker, through his law firm, Okatch and Partners, demands an apology from the Nation Media Group aired on NTV and ran on the front page of Daily Nation newspaper.
The letter argues that the packaging of the news report was libellous and that it lowered his standards in the eyes of the right-thinking members of society.
It further pointed out that the CCTV footage that was used in the report by NTV was inadmissible in court and that he had taken a plea in regard to the matter.
"We have listened and watched the said story over and over and indeed at no point has the said Felix Orinda said that he was shot by our client.
"In fact, even before your news item, the said Felix Orinda has never ever stated in any form whatsoever that he was shot by our client. The Directorate of Public Prosecutions has further confirmed that in fact, Mr Orinda has never recorded a statement on the matter," read the letter in part.
Owino further demanded a written apology from the broadcaster.
"Our instructions are to demand from you which hereby do that: You run an appropriate apology in the prime-time news on your television channel (and) you give an appropriate written apology to our client.
"You admit liability for the slanderous libellous statements following which we shall proceed to address you on damages," added the letter.
Failure to fulfilling the demands, Owino threatened to take the matter to court.
"Take notice that if we do not hear from you within two days from the date of this letter, we have strict and peremptory instructions to institute legal proceedings against you for slanderous and libellous defamation and also infringing on our client's Constitutional right to fair hearing and to be presumed innocent.
"We shall seek appropriaste remedies which will include but not limited to aggravated and exemplary damages as well as costs of the action without any further reference to yourselves," continued the letter.
In the NTV story compiled by Journalist Dan Mwangi, Orinda, while speaking for the first time since he was shot on January 17, 2020, stated that he was waiting on the justice system.
"I left that to God and I'm waiting for the justice system to see what will go through. Aside from that, I have nothing else to say about it.
"Generally, I am doing better as opposed to when it first happened. I was really traumatised at the beginning but I learnt to live with it. At least nowadays I can be able to sleep unlike before where I couldn't sleep at all. I kept having flashbacks of that fateful day and I needed medication to put me to sleep," he stated.
"I'm slightly able to move my limbs (hands) and that is the much I can do. I can't be able to move my arms. I haven't progressed as these were my tools of the trade. There's no way I can be able to work when I don't have them. I currently depend on people to do things with me," he painfully narrated.
DPP Noordin Haji has since urged the judiciary to prioritise the case.
