REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI LAW COURTS (CIVIL DIVISION)CIVIL CASE NO...... OF 2023

CHRIS P BACON...............................FIRST PLAINTIFF

WALMART RETAIL KENYA................SECOND PLAINTIFF

-VERSUS-

ROHO CHAFU…………………………………..……………DEFENDANT

PLAINT

(“Fast Track”)

PART I: INTRODUCTION

1. The Plaintiffs are Chris P. Bacon, a citizen of Kenya and the Managing Director of Walmart
Retail (Kenya) Limited, a subsidiary of Walmart Inc., a US-registered and based company, and
Walmart Retail (Kenya) Limited, a company incorporated under the laws of Kenya.

2. The Defendant is Roho Chafu, a blogger and publisher of the website/blog known as Kilio Cha
Haki, which is on the World Wide Web system at the address www.kiliochahaki.com.

3. The Defendant, without any factual basis, published an article on 21st April 2023 on his
website/blog entitled “WALMART CEO Bribed Anti-Corruption Officials To Ignore Complaint,” in
which he alleged that Mr. Bacon bribed Anti-Corruption officials with Ksh. 1 million to ignore a
complaint. The Plaintiffs allege that the article is defamatory of them and has caused them
significant harm.

PART II: PARTICULARS OF DEFAMATION

4. The Plaintiffs adopt and plead the contents of paragraph 3 above as if the same were set out
in full herein.
5. The Defendant's statement that Mr. Bacon bribed Anti-Corruption officials with Ksh. 1 million
to ignore a complaint is false and defamatory.

6. The Defendant's statement that the Anti-Corruption Authority is a “soft institution” and a
stumbling block in the war against corruption is false and defamatory.

7. The Defendant's statement that the Authority was bribed by senior officials of a Government
department to overlook scandals at the department is false and defamatory.

8. The Defendant's statement that Walmart senior management is discriminating against locals
by hiring white people despite there being qualified locals to do the jobs, and that the bribery
starts at the immigration department, which gives the work permits, is false and defamatory.

9. The Defendant's statement that Walmart is polluting the environment around their stores
and getting away with all these crimes by bribing environmental officials is false and
defamatory.

10. The Defendant's statement that certain employees of Walmart enjoy the protection of the
managing director and the chief security officer and use it to extort money from suppliers and
contractors in false promises, and that nothing is done about it despite the victims reporting to
the police, is false and defamatory.

11. The Defendant's statement that Walmart is going down gradually due to arrogance and
poor management skills of the top managers is false and defamatory.

12. The Defendant's publication of a photograph of Mr. Bacon and captioning it “Chris P. Bacon,
Managing Director, Walmart” is false and defamatory.

13. The Plaintiffs allege that the Defendant's publication is malicious, intentional, and made
with the intention of causing harm to their reputation.

PART III: JURISDICTION AND VENUE

14. This Court has jurisdiction to hear and determine this matter as the cause of action arose in
Kenya and the Plaintiffs reside and carry on business in Kenya.

15. The Plaintiffs seek damages for the harm caused to their reputation, which arose in Kenya.

PART IV: CAUSE OF ACTION

16. The Plaintiffs' reputation has been seriously damaged by the Defendant's defamatory
publication.

17. The Defendant's defamatory publication has been widely circulated and has caused harm to
the Plaintiffs

PART V: CLAIMS AND PRAYERS FOR RELIFS.

18. The Plaintiff, therefore, seeks the following reliefs:

a. An order compelling the Defendant to remove the defamatory article from the website/blog
and any other platforms where it has been published.

b. An order compelling the Defendant to publish a full and unreserved retraction and apology
for the defamatory statements published on the website/blog and in any other platforms where
they have been published.

c. General damages for the harm caused to the Plaintiff's reputation, credit, and business.

d. Exemplary damages to deter the Defendant and others from engaging in such defamatory
conduct.

e. An injunction restraining the Defendant from making any further defamatory statements
against the Plaintiff and its Managing Director, Chris P. Bacon.

f. Costs of the suit.