Court Orders Senator Orwoba to Pay Sh 10.5 Million for Defamation

NAIROBI, Kenya, Jul 15 – A Nairobi court has awarded Senate Clerk and Secretary to the Parliamentary Service Commission, Jeremiah Nyegenye, Sh10.5 million in damages after finding that former nominated Senator Gloria Orwoba defamed him through a series of malicious and unsubstantiated social media posts.

Delivering judgment at the Milimani Commercial Court, Magistrate Ruguru Ngotho ruled that the statements Orwoba published on WhatsApp, Facebook, and X (formerly Twitter) were defamatory, libelous, and made with malicious intent. The court dismissed her claim that the comments were protected by parliamentary privilege.

“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” the Magistrate ruled.

Ngotho found that Orwoba’s posts, which accused Nyegenye of sexual harassment, were made with ill intent and designed to damage his personal and professional reputation. The court said the posts were not only baseless but also aimed at stirring public outrage.

“It is clear that even before making her statements, the Defendant was aware that she could not substantiate the allegations. Her main aim was to put her claims in the public domain and have the Plaintiff persecuted in the public court,” the judgment read.

“Her intention was not to seek justice but to spite and disparage the Plaintiff.”

The court noted that the posts went viral, were widely shared, and were even picked up by an international media outlet.

Nyegenye, who was represented by lawyer Peter Wanyama, told the court that the statements caused him significant harm, affecting his career, reputation, and family life.

In response, the court awarded him Sh8 million in general damages, Sh2.5 million in exemplary and aggravated damages, and an additional Sh1 million in default damages should Orwoba fail to issue a public apology across her social media platforms and in a national newspaper within 30 days.

The court also issued a permanent injunction restraining the former Senator and her associates from making or republishing any further defamatory content about Nyegenye.

In reaching her decision, the Magistrate said she had considered the Clerk’s standing in society, the public office he holds, and the constitutional expectation that he maintain high moral character.

She observed that the statements caused him distress, embarrassment, and ridicule, and that his reputation had suffered significant damage.

“No amount of money can fully restore the Plaintiff’s blemished image, but this award serves to assuage the damage done,” the Magistrate stated.

While affirming that freedom of expression is protected under the Constitution, the court stressed that it must be exercised responsibly and balanced against the rights and dignity of others.

“The Defendant’s conduct before and during the trial was casual, uncooperative, and aimed at frustrating the litigation. The award of exemplary damages is meant to serve as a reminder that even in the digital age, individuals must guard against trampling on the reputations of others,” the court said.

Nyegenye filed the defamation suit in September 2023, accusing Orwoba of publishing false and damaging content on her WhatsApp status and sharing audio and video clips on various platforms, which were widely circulated by other users.