Businessman Jimmy Wanjigi has described the supposed death announcement published in the Daily Nation's Wednesday edition as horrific.
He says the publication did not hurt him as such but has affected his family a great deal.
"I don't take it lightly and I must say what they did was horrific...it did not hurt me as much as it hurt my family," Wanjigi said.
Addressing journalists at the DCI headquarters on Thursday, Wanjigi said he will take legal action against Nation Media Group.
"I have my international lawyers and we are taking all this matter against Nation. I have children schooling abroad who were called with information that their father is dead," he said.
Daily Nation ran an obituary which announcing a businessman James Wanjagi's death, causing an uproar after it emerged the picture used was that of Wanjigi.
"It is with deep sorrow that we announce the death of James Richard Wanjagi...which occurred after a failed armed robbery in Nairobi’s Karen estate," it read in part.
The death announcement was published on page 49 of the newspaper's daily edition.
More on this: Did 'Jimmy Wanjigi' die without Kenyans knowledge? - KOT
Wanjigi, who was accompanied by some NASA leaders, said it was inhumane for the announcement to be made on a newspaper and yet he is still alive.
"It is not just an advert. I am alive contrary to the wishes of Nation. Yesterday, they issued a death promise on somebody who is alive."
"If you think that is a humane thing to do, then we are living in a different Kenya," he said.
He said Kenya is going through a twilight phase adding that 'anything can happen to us (members of the opposition) any time.
"...but dawn is not far, the dawn is coming and not far away. The injustice perpetuated by the Jubilee regime that is supposed to adhere to the law is coming to an end, very soon," he said.
Wanjigi said he is not worried about his life adding that: "God's time is the best."
"...I am not worried about myself, God is the one who gives and takes life. Many Kenyans have died since August 8," he added.
"If police killed 200 during elections, I will be just another statistic if they do that to me. And if they do that, then Nation knows who they are because they were a messenger."
He said the Nation Media Group's acting CEO had apologised to him but noted that he wanted investigations done.
"Acting CEO came to see me and apologise and I told them to tell me who the individual was," he said.
He said there is a process one follows before an obituary or any advert is published.
"You go there, leave your ID and phone number and they charge you. My face is known so they cannot say they don't know my face.. it was not an error, it was intentional."
The obituary in question named Wanjagi as the son of a James Maina and Wambui Magari and a husband of an Irene - names which are coincidentally of the Wanjigis.
The puzzling thing is his funeral was to be yesterday February 6. The ad further mentions Kwacha Industries, which is Wanjigi's franchise.
In a statement on Wednesday, Nation Media Group apologised to the family of Wanjigi for any harm caused by the obituary.
More on this: They want to execute me yet government was formed at my home - Jimmy Wanjigi
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