Subject: Cease and Desist Notice – Demand for Immediate removal of post shared on LinkedIn profile (Cloud Innovation Limited v MWENDWA KIVUVA)

*Ali Hussein*

Fintech | Digital Transformation

Tel: +254 713 601113

Twitter: @AliHKassim

LinkedIn: Ali’s Profile <ke.linkedin.com/in/alihkassim>
<ke.linkedin.com/in/alihkassim>

Any information of a personal nature expressed in this email are purely
mine and do not necessarily reflect the official positions of the
organizations that I work with.

On Mon, May 5, 2025 at 9:54 PM Mwendwa Kivuva via KICTANet <
[email protected]> wrote:

> Dear Lister,
>
> There is a good post that was written some 3 years ago by John Curran, the
> President and CEO of ARIN (North American equivalent of AFRINIC). You can
> get it here on ARIN website for information purposes, and I quote a
> section
> www.arin.net/blog/2021/08/27/afrinic-and-the-stability-of-the-internet-number-registry-system/
>
> Prior Dealings with ARIN
>
> ARIN has first-hand experience and insight into Mr. Lu’s business
> practices in seeking IP number resources. Mr. Lu, through Cloud Innovation,
> Ltd., received 6.2 million IPv4 addresses from AFRINIC in four different
> installments1
> <www.arin.net/blog/2021/08/27/afrinic-and-the-stability-of-the-internet-number-registry-system/#fn:1>;
> however, it is worth noting that in 2013,Mr. Lu, through his company
> Outside Heaven, Ltd., also approached and sought over one million IPv4
> addresses from ARIN. ARIN ultimately refused to provide any resources to
> him and his business for two main reasons: First, during the review of his
> application to justify the provision of Internet number resources, Mr. Lu
> refused to provide ARIN with information that was repeatedly requested on a
> number of occasions; and second, the information provided by Mr. Lu was
> misleading and inconsistent. In addition, Mr. Lu had no meaningful
> business establishment in the ARIN region; and based on his own
> representations, it was clear the intended use of the IPv4 addresses—if
> they were issued—was for business activities outside the ARIN service
> region. Given the seriousness of potentially false statements made to ARIN
> to obtain number resources, ARIN attempted to engage in appropriate due
> diligence with which Mr. Lu was unwilling to cooperate. ARIN refused his
> application for IPv4 number resources.
> Best Regards,
> ______________________
> Mwendwa Kivuva, Nairobi, Kenya
> www.linkedin.com/in/mwendwa-kivuva
>
>
> On Fri, 2 May 2025 at 16:08, Ali Hussein via KICTANet <
> [email protected]> wrote:
>
>> Victor
>>
>> Spot on. Agreed!
>>
>> *Ali Hussein*
>>
>>
>> Fintech | Digital Transformation
>>
>>
>> Tel: +254 713 601113
>>
>> Twitter: @AliHKassim
>>
>> LinkedIn: Ali’s Profile <ke.linkedin.com/in/alihkassim>
>> <ke.linkedin.com/in/alihkassim>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Any information of a personal nature expressed in this email are purely
>> mine and do not necessarily reflect the official positions of the
>> organizations that I work with.
>>
>>
>> On Fri, May 2, 2025 at 11:16 AM Victor Kapiyo via KICTANet <
>> [email protected]> wrote:
>>
>>> Dear listers,
>>>
>>> The AFRINIC story continues to generate significant debate and
>>> discussion, given the multiple lawsuits, cease and desist letters, and so
>>> on.
>>>
>>> For context, AFRINIC (African Network Information Centre)
>>> <afrinic.net/> is a non-profit Regional Internet Registry (RIR)
>>> for Africa and the Indian Ocean region incorporated in 2004. It was
>>> established and entrusted to manage and distribute internet IP addresses
>>> and related resources for the African continent and the Indian Ocean
>>> region. It ensures these vital resources are allocated fairly to support
>>> internet connectivity and development within Africa. AFRINIC funds its
>>> operations through membership fees for IP address and ASN allocations.
>>> Control over AFRINIC is critical to ensure fair distribution of these
>>> essential internet resources, support African internet development,
>>> maintain stability and trust, prevent harmful commoditization, and uphold
>>> regional self-governance of the internet in Africa.
>>>
>>> AFRINIC’s activities are overseen by a Board of Directors (BoD) and
>>> managed by an appointed Chief Executive Officer, who oversees the staff and
>>> daily operations. The BoD is supported by the Council of Elders, which
>>> performs an advisory function. The Board consists of elected
>>> representatives from the six sub-regions in Africa (Northern, Western,
>>> Central, Eastern, Indian Ocean and Southern). Currently, there are various
>>> individuals and entities, seeking to exert control over AFRINIC.
>>> Previously, the organisation faced corruption and mismanagement allegations
>>> some of which were exploited by interested parties that inadvertently
>>> affected AFRINIC’s ability to function effectively. According to its
>>> records, the organisation had in 2022 a budgeted revenue of USD 6.221
>>> million and cash holdings of over USD 12.8 million. The organisation has
>>> not had a quorate board since June 2022 or any director since September
>>> 2023, or a CEO in office. It is now under a receiver manager until
>>> elections are held and a new board constituted by 23 June 2025.
>>> <www.theregister.com/2023/07/03/nrs_afrinic_review/>
>>>
>>> Feel free to read the said article which provides deeper insights about
>>> the ongoings in the organisation from the perspective of its author:
>>> archive.is/bcSDY#selection-537.0-1100.0
>>>
>>> I believe we stand for freedom of expression, and law suits and gag
>>> orders being peddled on this forum should not be used to censor, threaten
>>> or intimidate legitimate conversations about critical issues that are in
>>> the public interest.
>>>
>>> Regards,
>>>
>>> *Victor Kapiyo*
>>> Partner | *Lawmark Partners LLP*
>>> *Nine Planet Apartments, Nairobi | **Web: www.lawmark.co.ke
>>> <www.lawmark.co.ke/> *
>>> ====================================================
>>>
>>> *“Your attitude, not your aptitude, will determine your altitude” Zig
>>> Ziglar*
>>>
>>>
>>> On Thu, 1 May 2025 at 19:41, Wamathai (HapaKenya) via KICTANet <
>>> [email protected]> wrote:
>>>
>>>> They sent me a similar cease and desist letter.
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> —–
>>>>
>>>>
>>>> James Wamathai | CEO, hapakenya.com
>>>>
>>>> m: +254-721717530 e: [email protected] | Twitter: @Wamathai
>>>>
>>>>
>>>>
>>>> Follow HapaKenya: *Twitter*: @HapaKenya
>>>> , *FB*: fb.com/HapaKenya
>>>>
>>>> On Mon, 28 Apr 2025, 13:46 Mwendwa Kivuva via KICTANet, <
>>>> [email protected]> wrote:
>>>>
>>>>> Dear Council,
>>>>>
>>>>> The post which is a news article has been updated to indicate the case
>>>>> is subject to appeal.
>>>>>
>>>>> Best Regards,
>>>>> ______________________
>>>>> Mwendwa Kivuva, Nairobi, Kenya
>>>>> www.linkedin.com/in/mwendwa-kivuva
>>>>>
>>>>>
>>>>> On Fri, 25 Apr 2025 at 05:13, Ian Phua <[email protected]> wrote:
>>>>>
>>>>>> Dear Sirs,
>>>>>>
>>>>>> We refer to the above matter.
>>>>>>
>>>>>> Please find attached our cease and desist letter dated 25.04.2025 (“*our
>>>>>> letter*”), for your immediate attention.
>>>>>>
>>>>>> Should we not hear your response within the next *24 hours*, we
>>>>>> shall instruct our solicitors to pursue all available legal remedies
>>>>>> against you without further notice as stipulated in our letter.
>>>>>>
>>>>>> All our rights are hereby reserved.
>>>>>>
>>>>>> Legal Counsel
>>>>>> Cloud Innovation Limited
>>>>>>
>>>>>> *Mobile/WhatsApp **+* <+852+29888918>*60 183226707*
>>>>>> *WeChat* *+* <+852+29888918>*60 18322707*
>>>>>> This email and any files transmitted with it are confidential and
>>>>>> intended solely for the use of the individual or entity to whom they are
>>>>>> addressed. If you have received this email in error please notify the
>>>>>> system manager. This message contains confidential information and is
>>>>>> intended only for the individual named. If you are not the named addressee
>>>>>> you should not disseminate, distribute or copy this e-mail. Please notify
>>>>>> the sender immediately by e-mail if you have received this e-mail by
>>>>>> mistake and delete this e-mail from your system. If you are not the
>>>>>> intended recipient you are notified that disclosing, copying, distributing
>>>>>> or taking any action in reliance on the contents of this information is
>>>>>> strictly prohibited
>>>>>>
>>>>>>
>>>>>>