- BBC, however, responded to Lawyer Francis Ombachi’s demand letter recognising its receipt but declined the demands.
- According to the NGO, on May 2, strangers entered its rescue centre in Nyakach subcounty, and introduced themselves as PRC volunteers.
Image: HANDOUT
A Non-Governmental Organisation has threatened a lawsuit against the British Broadcasting Corporation over what it terms trespass, rights infringement and generally, breach of Kenyan laws.
Project Rescue Children popularly known as PRC claims some BBC journalists committed the offences at its rescue centre located at Nyakach, Kisumu County on May 2, 2024.
Through the Nairobi-based Ombachi, Moriasi & Company advocates, PRC on May 7, the NGO wrote to BBC cautioning the media house against broadcasting any content from the materials collected by its journalists from the said rescue centre. The NGO also demanded a written apology from the media house.
BBC, however, responded to Lawyer Francis Ombachi’s demand letter recognising its receipt but declined the demands.
“Dear Moriasi, we write in response to your letter dated May 7, 2024, on behalf of your client Project Rescue Children. Please direct any further correspondence in this matter to Siobhan Allen,” a communication from BBC’s litigation seen by the Star reads in part.
BBC wrote the correspondence to the PRC through its advocate on May 17.
“Your letter contains a number of unfounded allegations against the BBC in respect of attendance of a BBC journalistic team at Nyakach in Kisumu County including unauthorized access and filming and that BBC’s access was obtained through fraud inducement, bribery or manipulation,” the letter read in part.
“We categorically reject all your client’s allegations framed in your letter as alleged breaches of your client’s rights to privacy, property and or human dignity."
"We deny your requests for a written apology and provision of the relevant recordings held and owned by the BBC, yours sincerely BBC litigation."
According to the NGO, on May 2, strangers entered its rescue centre in Nyakach subcounty, and introduced themselves as PRC volunteers using the NGO’s CEO Adam Whittington's photographs stating they were authorised by him to be in the centre to check on its works.
Moriasi in his demand letter to BBC dated May 7, 2024, stated that the strangers in the absence of the rescue centre’s resident manager Charles Kupa proceeded to make unauthorised filming of the premises, ransacked all the rooms for unknown information and materials.
“We have been instructed by the Project Rescue Children popularly known as PRC to address you as hereunder; Our client Mama Jane and PRC is a Non – Governmental Organisation (NGO) with a rescue centre situated at Nyakach in Kisumu County under the resident management of Charles Kupa and Mama Jane,” Moriasi’s letter addressed to BBC with reference OM/1884/GEN 23 read in part.
“They took photographs of the children in the rescue centre and Mama Jane whose name the centre is named after,” the lawyer stated.
He alleged that the said persons used all means including fraud to gain access, induced or bribed and manipulated using interrogation of questions the elderly woman to gain access to the premises.
“They used a drone to take photographs for use in unauthorised business not known to the NGO,” Moriasi’s letter to BBC seen by the Star reads.
Moriasi alleged that the actions were an affront to rights to privacy, property and human dignity all entrenched in Articles 28, 31 and 40 respectively in Chapter 4 of the Kenyan Constitution on Bill of Rights.
He said the NGO reserves the right to action under the law by way of petition for compensation and restraint to disseminate such information and documents illegally obtained from the premises.
“The regional police offices have been notified of the violations for possible action,” Moriasi said.
Moriasi on May 21 sent another correspondence to BBC after he received a response on his May 7, letter.
“We have very express instructions to file a petition in the High Court of Kenya for the declaratory orders restraining you from the publication of any of the videos, films and any other information obtained albeit fraudulently which may amount to defamation, witch-hunt, business rivalry and other unfair practices," Moriasi said.
"We shall further claim for damages to compensate our client for such infringement at your own cost. Kindly oblige by offering an apology and undertaking to release the defamatory material to our client and desist from the furtherance of such infringements to privacy and misuse of data fraudulently collected."