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