REPUBLIC OF KENYA

IN THE CHIEF MAGISTRATE COURT AT NAIROBI

MILIMANI COMMERCIAL COURT
CIVIL CASE NO. E4921 OF 2023

MAJOR DENNIS MUTAI………………………………………………..…………1ST PLAINTIFF

JULIET WANJIRU…………………………………………………………….….2ND PLAINTIFF
DEBBIE WANGARI…………………………………………………………….…3RD PLAINTIFF
MICHAEL OTEYO…………………………………………………………….….4TH PLAINTIFF
DANIEL MUIA KATIVOI……………………………………………………….…5TH PLAINTIFF

VERSUS
PATRICK MUCHELE KUCHIO……………………………………………….....1ST DEFENDANT
BERNARD WAINAINA……………………………………………………….....2ND DEFENDANT
FARZHANA PERERA…………………………………………………………....3RD DEFENDANT

3RD DEFENDANT WITNESS STATEMENT

1. My name is Farzhana Perera. I am a resident of house number 9 in Samburu Court,
Phenom Park estate, Nairobi County.

2. At all material times relevant in this suit, I was the Chairperson, Phenom Park estate,
Samburu Court Residents’ Association.

3. The residents of Samburu Court had reported a series of thefts and burglary in their
houses.

4. On 7th August 2023, I posted in the Samburu Court WhatsApp group about the thefts
and burglary incidences that had happened for four (4) weekends in Samburu Court,
and advised all residents to exercise security measures in their homes.

5. On 23rd August 2023, all residents of Samburu Court were invited through Samburu
Court WhatsApp group to attend the Annual General Meeting scheduled on 24th August
2023.

6. On 24th August 2023, I attended the 4th Samburu Court Annual General meeting. The
Plaintiffs were absent without apology. The members present discussed various issues
concerning Samburu Court including security and incidences of burglary and thefts
reported by house numbers 6,7,8 and 10. The meeting ended at 8.00pm.

7. On the same day, 24th August 2023, at 21.40pm, Chandni Solanki, a resident of house
number 8, Samburu Court posted the following WhatsApp message in Samburu Court
WhatsApp group:

“Hi all”
“Be vigilant”

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 “Our glass upstairs has been broken”

8. At 23.52 pm, Chandni Solanki posted a video clip in the Samburu Court WhatsApp
Group with the following caption:

“Hi all, these two men from Samburu 05 who came to our house after
the glass breakage. They are denying they even came in and how we can
suspect them. Why come to my house when you have not been invited.
What have you come to see even before the community has been
informed there was an attempted break in?”

9. The video clip posted by Chandni Solanki in the Samburu Court WhatsApp Group is a
footage from my CCTV camera which captured two men outside house number 8 at
21.21 pm, this is 19 minutes before Chandni Solanki notified us at 21.40pm in the
Samburu Court WhatsApp Group that there was a break-in in her house.

10. On 25th August 2023, at 7.02 am, I made the following comment in Samburu Court
WhatsApp Group regarding the break-in in house number 8:

“At that point No. Chandni had not told anyone and had not called anyone.
She called me after those men left. And immediately when the whole
neighbourhood was seated outside, the short one attempted to flee and was
stopped.
Then the other tall guy came outside and was actually wearing sneakers, when
we talked about foot prints etc, he went into Samburu 5 and changed his shoes
and came back outside wearing crocs.
We were all there and we saw their behaviour and witnessed all these suspicious
activity.
It’s true we cannot sleep in our homes in peace. Other neighbours have gone to
the extent of having security guards actually sleep on their balconies.
It is very very sad this state of affairs.

11. Clearly, I have not mentioned the 1st, 2nd ,3rd, 4th, and the 5th Plaintiffs in my WhatsApp
post. Therefore, I have not defamed any of them in my post.

12. My WhatsApp post is based on facts. Indeed, there were two men captured by my
CCTV camera outside house number 8 at 21.21 pm, nineteen (19) minutes before
Chandni Solanki posted in Samburu Court WhatsApp group about the break-in at 21.40
pm

13. Furthermore, as the Chairperson of Samburu Court, I had a duty to update residents of
Samburu Court about any security concerns and incidences in our estate.

14. I am also a victim of theft and burglary. On 3rd September 2023, my CCTV camera
captured an unknown person trying to break into my house.

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 15. My WhatsApp post is not defamatory against the Plaintiffs. It is based on facts and its
a fair comment based on the series of theft and burglary happening in Samburu Court.

This is all I wish to state.

FARZHANA PERERA

Signature

DATED at NAIROBI this 9th day of January 2024

MANYONGE WANYAMA & ASSOCIATES LLP

ADVOCATES FOR THE 3RD DEFENDANT

DRAWN AND FILED BY:-

MANYONGE WANYAMA & ASSOCIATES LLP,
PETER WANYAMA,
ADMISSION NUMBER: P.105/6652/07,
PRACTICE NO: LSK/2023/00124
MARSABIT PLAZA, 1ST FLOOR, ROOM 107,
NGONG ROAD,
P.O. BOX 100493-00101 JAMIA,
NAIROBI.
EMAIL: manyongeadvocates@gmail.com/ pmo@manyongewanyama.com
TELEPHONE NUMBERS (CALLS & WHATSAPP): 0790497880/0706129153 & 0112125347

TO BE SERVED UPON:
KAMUNDA NJUE & CO. ADVOCATES,
OJIJO PLAZA, 1ST FLOOR, SUITE A8,
PLUMS LANE, OFF OJIJO ROAD,
OPP. PARKLANDS SPORTS CLUB-WESTLANDS,
P.O.BOX 14827-00800,
NAIROBI.