Outspoken lawyer, Miguna Miguna has issued instructions to his advocates to sue Standard Media Group on grounds of defamation.
According to the lawyer, he had not spoken with anyone from Spice FM or Standard Media Group on Friday or Monday morning, as claimed by Tom Japanni, Standard Group General Manager - Radio Products.
"I think it's very unfortunate he refused to sign. We had spoken earlier on Friday and made it clear that he had to sign the indemnity form,
It is not that we don't have confidence in his articulation of issues. He accepted and said there was no problem until he came this morning and refused to sign," Japanni stated as quoted by Standard Digital.
Miguna, however, took issue with the statement and affirmed that he would pursue legal means.
"I've given instructions to my advocates to sue Standard Group for defamation. I never agreed to sign the indemnity form. Not on Friday. Not ever. I never spoke with anyone from Spice FM or the Standard Group before 7:02 AM today (Monday) when they tried to impose the illegal conditions," he stated.
Outspoken lawyer, Miguna Miguna has revealed the strict rules by Standard Group that forced him to cancel his Spice FM, KTN Home interview on Monday, October 24.
According to Miguna, who shared the rules on social media, he was required to sign a guest indemnity form before appearing on The Situation Room hosted by seasoned journalists Eric Latiff, Charles Muga and Ndu Okoh.
In particular, the lawyer highlighted Clause 5, which he termed as efforts to gag and force him to give them a blanket indemnity one minute before the interview began.
"I hereby release, discharge, and agree to fully indemnify the Company its legal representatives and assigns, from all claims, causes of action and liability of any kind, now known or unknown, in law or in equity out of the Interview including, without limitation to claims of defamation, invasion of privacy, violation of one's personal and/or sensitive data," read part of the indemnity form.
Miguna called out the Mombasa road-based station, noting that he has never been prompted to sign such a form in past interviews.
"I've appeared on TV and radio for the past 30 years but not once has a media house - including Standard Kenya and KTN News asked me to sign a blanket indemnity form. Spice FM has never asked any of its previous guests to sign the ridiculous form they tried to force on me," Miguna noted.
Here is the full indemnity form:
1. I have voluntarily agreed to be interviewed by The Standard Group PLC and its subsidiaries ("the Company") to share my personal experience, remarks and/or opinion(s), on the topic/issue under discussion ("Interview") during the ("Show/Programme") and I acknowledge prior details of the same has been shared with me.
2. The statements made by myself during the Interview are my own statements and do not in anyway represent nor reflect the views, opinion nor position of the Company on the topic/issue under discussion in the Interview.
3. I have granted the Company all rights in perpetuity without limitation to copyright and image rights for material created from the Interview. This right shall extend to the use and publication of the interview material across the Company's media and online platforms.
4. I waive the right to inspect, examine or approve the content extracted from the Interview to be used by the
Company across its media and online platforms.
5. I hereby release, discharge, and agree to fully indemnify the Company its legal representatives and assigns, from all claims, causes of action and liability of any kind, now known or unknown, in law or in equity out of the Interview including, without limitation to claims of defamation, invasion of privacy, violation of one's personal and/or sensitive data.
6. I further understand that failure to sign this indemnity does not discharge me from my obligations/duties under this agreement particularly that I shall fully indemnify the Company, its legal representatives and assigns, from all claims arising from the Interview.
7. I have read and understood the contents of this Indemnity Form and its binding effect to me, my, representative and assigns and in participating in the Interview thereby agree to be bound by the terms of this Indemnity form.
