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Thursday, November 22, 2007

Statement From Marianne Briner Concerning Kenya Betrayed Controversy

I am writing today to XLibris and inform them about the fact that I never agreed that the contract with them was cancelled - and I will also tell them that Sam has cheated me for the royalties ......I will also ask them to give me the exact numbers of copies they have delivered - including the socalled author's copies which Sam has then sold directly.

I told you yesterday that he is now throwing the Shining Star into the market for $ 5.99 via Amazon etc. - taking into consideration that companies like Amazon are getting between 50 - 60 % commission - this reduces the price for which Sahel Publishers are giving the book to them to $ 2.50 - 3,00 - deducting the printing costs, there is not much left ....... so Sam would not have to pay me - even if he would still make 1 $ per book he would have to pay me 50 cents ....... or nothing ..........

Some people may call this clever - I simply call it criminal cheating - because he is offering his other books for 21.00 $ - books which are just simple cheap love stories without any impact .........

If Sahel Books claims now to have the copyright on the Shining Star - this is not correct: the Copyright is registered separate in my name and in Sam's name - this makes us both independent owners - the agreement I had signed says that we decide 'mutually and also share the royalties' ....... this agreement is not valid anymore since they have cancelled it when they unilateral took the book away from XLibris and started selling it under their own name without my approval ...... besides the fact that they kept all the royalties from day one ...... so if they reserve the right to continue publishing the Shining Star, I can also publish Kenya Betrayed which as you rightly stated, is my own story told in my own words in an uncensored way contrary to the Shining Star which was - on Sam's insistence - as a fiction using false names and also changing details and leaving out information which could 'endanger' his return to Kenya .....

Actually, I had revised their 'final' script and made it clear that I did not approve - but they had already given it to the Publisher and Printer - and then 'disappeared' for some weeks ....... details of which I am outlining below ...... so looking back now, the cheating started right from the beginning since it also came then out that they did not pass to the Publisher the mutually signed Contract between Sam and me - but Sahel Books passed to them only their own Agreement giving them the right to receive all the royalties....... this I only found out some months later when I wrote to XLibris ........

This is a strong point also in your defense and you should publish this .......including the information on the price which shows their real intentions—cheating ......

Regarding the problems I had spoken about yesterday: the Okellos had according to their own words (in writing, so don't worry in case they say that this is not true....) problems to stay in the States - I guess that they had financial problems since Sam had no other income than his books and had only published until then these love stories. The only serious one was 'The Night Bob died' which also talks about Dr. Ouko.......

So he took the opportunity at the moment the Shining Star got published to ask for political asylum - which was refused and according to him the Police asked him to leave the States in two weeks ...... at that time he had already gone 'underground' .... left the apartment in South Bend etc. - I got worried since also people from Kenya and friends of his in the States contacted me asking if I knew anything about him ...... and even at one stage called the South-Bend-Police if there had been an accident or something else ..... after some pressure, the police went to their apartment and then told me that their neighbours had informed them that these people had moved out ...... but no incident or similar was registered ......

Then all of the sudden, Sam contacted me and begged me to help them ...... either in arranging for them to come to Spain or preferably to find out how to get asylum in Switzerland.

As I told you, I tried to help - sending him an invitation for Spain including offering him to give him a partnership in my Real-Estate Company which would have made it very easy for him to get residence - he went to the Spanish Embassy in Washington and told me that he got all the necessary documents by them to come to Spain. Hellen then also inquired on the schools for their boys - I sent them all the documentation and details .....

They then continued to inquire about Switzerland. I told them that this was a bit difficult since the Swiss law requires that you have to come into the country directly via your home-country - i.e. they would have to go back to Kenya and then apply preferably at the Swiss Embassy in Nairobi.

They knew from the documents I had sent to them for the Shining Star that I had good contacts in the Swiss Embassy in Nairobi and asked me if I could inform the Legal Counsel - Mr. Mattli - about their problems - which I did. Sam then also wrote directly to Mattli and Mattli replied to them sending me a copy. Mattli had proposed that they should make contacts with the Swiss Consulate in Chicago which was the nearest place to South Bend, Indiana, where they live. According to Sam, he went there and spoke with some Officials.......

Since I knew that Father d'Ag was in Washington and also my former lawyer, Ababu Nawamba, was there attending the Washington University on a one-year-scholarship basis which Father d'Ag had arranged for him (Ababu is one of the Trustees of Nyumbani), I also told them about Sam's problems - and they got in contact with him ......

After this, all of the sudden, the Okellos informed me that their problems were solved - and that they could stay ........ they moved to another apartment - but declined to give me their new address (only now on connection with the Distant Lover which they wanted to publish, Hellen finally gave me their details - before always saying that I do not need to know their address) .....

They also promised to settle the royalties for the Shining Star - but of course the condition was that I would give the Distant Lover to them ...... and when I told them that they have to settle this matter before I make any decision ...... they became hostile again - and mainly Hellen very offensive ......

It is also not true that Sam declined getting involved in the Distant-Lover: on the contrary - it was his idea that I should publish the whole story 'the world has to know about this - you have a legitimate story - you have just wetted my appetite ....... this is big etc. etc. ......' he then also offered to act as a ghost-writer but contrary to the Shining Star this new book should come out only under my name making it much stronger etc. etc. - all in writing, so I can prove this any time ..... they even got already the ISBN-No. for it ......and sent to me a proposal for the final script ...........

Funny though, that all of the sudden they have started to defend Jeff Koinange - even writing to him assuring him their loyalty - etc. and praising themselves for having been able to shut down my blogs - also in Jeff's interest ......... but as you rightly say in your article, there is much more at stake here. Sam wants to come back to Kenya in 'big style' - and enter politics in 2012 - the same as Jeff .....

This smells .........