Woman sues neighbours for defamation over dog barking claims

German shepherd dog barking. [Courtesy] A woman has sued her two neighbours in Loresho, Nairobi, accusing them of harassment and invasion of privacy after they claimed her four dogs were causing constant noise. In a petition filed at the High Court at Milimani, Lilian Onduko alleges that her neighbours, James Squire and Bertie Turner, have made unsubstantiated claims that she neglected her dogs, allowed them to cause disturbance with their barking, and unlawfully intruded on her private life. The case, filed in the Constitutional and Human Rights Division of the High Court, revolves around several key allegations, including Squire and Turner's unlawful intrusion into Onduko's private space, the spreading of defamatory messages, and the continued harassment over her dogs' behaviour. Onduko, a licensed dog owner, has four pets - Dexter, a 3.5-year-old Rottweiler/Labrador mix; Pablo, a 1.5-year-old German Shepherd/Rottweiler mix; and two German Shepherd crosses, Manga and Nono, both 11 months old. She claims that these dogs have been well cared for, with regular veterinary check-ups and proper feeding, yet the harassment from her neighbours has continued for nearly a year. According to the petition, the dispute began when Squire and Turner moved into an adjacent property in early 2023. Squire, in particular, took issue with the incessant barking of Onduko's dogs, particularly at night, alleging that they disturbed his sleep and caused emotional distress. The situation escalated on 7 May 2024, when Squire allegedly knocked on Onduko's gate late at night, accusing her dogs of disturbing him with their barking. "Squire alleged that my dogs had woken him up with their barking and that he was there to ask me to take care of the situation," Onduko states in her court papers. When she attempted to explain that the barking was not excessive, Squire allegedly began yelling at her, accusing her of abusing the animals. However, Onduko insists that the barking was normal and not disruptive and that her dogs were merely engaging in routine behaviour. "My dogs were out in the compound, and their barking and howling were routine and not unreasonable enough to cause the kind of disturbance alleged by Squire," she says. She also asserts that her dogs are well cared for, regularly seen by a vet, and fully licensed. "It was a routine situation," said Onduko. "My dogs bark from time to time, but it's nothing abnormal. They are healthy and well looked after. I was shocked when my neighbours started accusing me of neglecting them." In her affidavit, Onduko states that Squire further took matters into his own hands by capturing videos and photos of her house and dogs without her consent - an action she claims was an illegal invasion of her privacy. This behaviour was revealed when Squire threatened to report her to the authorities, citing the photos as evidence of alleged animal abuse. "He kept saying that he had evidence of animal abuse and threatened to report me to the relevant authorities," Onduko recalls. "I was stunned the moment he told me he had been taking photos and videos of my house. I was alarmed. This was an invasion of my privacy, and I felt completely exposed. I had no idea that someone was secretly recording my home." She later reported the incident to Spring Valley Police Station, but the investigation has not progressed, according to the petition. This has left her feeling that the authorities are not offering the necessary support to address the breach of privacy and false allegations. The alleged harassment continued the following day when officials from the Kenya Society for the Protection and Care of Animals visited Onduko's home to investigate the claims of abuse. The officials conducted a thorough inspection of the dogs and their living conditions and found no evidence of mistreatment or neglect. The case is pending a hearing.

Woman sues neighbours for defamation over dog barking claims

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Woman sues neighbours for defamation over dog barking claims

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