Former Senator Gloria Orwoba has been hit with a hefty legal setback after the Milimani Commercial Court found her liable for defaming the Clerk of the Senate, Mr. Jeremiah Nyegenye, through a series of online posts.
In a judgment delivered by Magistrate Ruguru Ngotho, the court awarded Mr. Nyegenye a total of Kshs. 10.5 million in damages, ruling that Orwoba’s accusations, made across WhatsApp, Facebook, and X (formerly Twitter), were defamatory and malicious, and failed to meet the threshold of qualified privilege.
“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” the court held.
“Clearly, the circumstances of this case do not support the assertion that the defamatory words made by the Defendant as against the Plaintiff were made in a position of qualified privilege. I find that the Defendant did not lead evidence to support any of the defence available in cases of defamation,’’ said Ngotho.
At the heart of the case were Orwoba’s social media posts accusing Mr. Nyegenye of sexual harassment.
The court found these allegations to be unfounded and malicious, concluding that the former Senator was driven by spite and intended to inflict reputational harm.
“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 allegations in the public domain and have the Plaintiff persecuted in the public court. From her evidence, her main intention was to have the Clerk of the Senate impeached and removed,” the court found.
The posts, which gained traction online and were picked up by international media outlets, caused significant reputational damage to Mr. Nyegenye, both personally and professionally.
Represented by lawyer Mr. Peter Wanyama, the Clerk testified that the statements caused him great distress and had a ripple effect on his career and family life.
The court awarded Mr. Nyegenye a total of Kshs. 10.5 million in damages.
This included Kshs. 8 million in general damages for the harm caused to his reputation, and Kshs. 2.5 million in exemplary and aggravated damages, reflecting the malicious nature of the defamatory statements and the Defendant’s conduct during the proceedings.
Additionally, the court ordered that should the Defendant fail to issue a court-approved apology within 30 days, published both on her social media platforms and in a national newspaper, she would be liable to pay a further Kshs. 1 million.
A permanent injunction was also issued barring Orwoba and any of her associates from publishing or circulating any further defamatory content about the Clerk.
In assessing the damages, the court considered Mr. Nyegenye’s status as a senior public servant and legal practitioner, emphasizing that public trust and moral character were integral to his office.
The magistrate also acknowledged the lasting damage caused by the viral posts.
“She further observed that the Defendant’s words and statements published on the various social media platform caused the Plaintiff distress, embarrassment and ridicule and as a result the Plaintiff suffered injury to his reputation,” the judgment stated.
“I have also considered the Plaintiff’s achievements and the fact that no amount of money can reinstate his blemished reputation. What this court can only do is to assuage the Plaintiff’s tainted image and to do so I will award the Plaintiff general damages of Kshs. 8,000,000.”
While acknowledging the right to free speech, the court underscored the legal responsibility to exercise it without infringing on others’ rights or reputations.
“The conduct of the Defendant thereafter up to and including the time of the trial itself has been casual, aimed at protracting this litigation and failed to comply with court’s directions.
An award for exemplary and aggravated damages as against the Defendant is deserved so as to serve as a reminder in future that when exercising her right to freedom of expression she should guard against trampling on the reputation of others,” the ruling read.
Mr. Nyegenye initiated legal proceedings on September 26, 2023, citing a string of defamatory WhatsApp status updates by Orwoba, along with audio and video recordings later distributed via social media platforms.
