We act for M/s Pesa Link LLC on whose instructions we wish to address you as hereunder.
Our client is duly incorporated in the United States of America and has carried on business through its online money transfer platform Pesa Link. Over the years our client has provided its services mainly for Kenyan Market through its registration its registered domain www.pesalink.com
Your aggressive and inconsiderate use of the name “pesa link” to market your competing product has been brought to our attention and has been subjected to satisfactory scrutiny and all relevant material now rest with us.
We hereby therefore wish to put you on notice of the strict provisions of Section 12 of the Consumer Protection Act and Section 55 of the Competition Act with specific emphasis on the abhorred misrepresentation and passing off your product as being related/ endorsed by our client with an intention of misleading our consumer and the general public.
In the circumstances, we are instructed to demand from you immediately refrain from further unlawful passing off your services in the above stated manner. Further to the foregoing, we hereby demand an official acknowledgment of your injurious business practices and written withdrawal thereof within the next seven(7) days failing which we shall take all necessary measure to abate your tortious actions without any further reference to you whatsoever at your sole risk as to costs and expenses akin to such processes.
Kindly take note that this letter services as a formal notice and shall be constructed as such for all purposes and intent.
GITHINJI & KOKI ADVOCATES
Pesa Link Kenya is a subsidiary of Kenya Bankers Association (KBA) which has licensed by the Central Bank of Kenya (CBK) to the dismay of Communications Authority (CA) whose Director General, March 14 said that CA is "groping in the dark" on the regulation of Pesa Link