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

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*
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>>>>>
>>>>>
>>>>>