Senate Clerk Wins Ksh.10.5M in Defamation Case
The Clerk of the Senate and Secretary to the Parliamentary Service Commission, Jeremiah Nyegenye, has been awarded Ksh.10.5 million in a defamation lawsuit against former nominated Senator Gloria Orwoba.
On Monday, Milimani Commercial Court Magistrate Ruguru Ngotho ruled that Orwoba’s social media posts, which accused Nyegenye of sexual harassment, were defamatory, malicious, and lacked any solid evidence.
The court determined that the posts, which Orwoba shared on her WhatsApp status, Facebook, and X (formerly Twitter), were not shielded by parliamentary privilege, contrary to her claims.
“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” Magistrate Ngotho said.
She also pointed out that Orwoba didn’t back up any of the legal defenses usually seen in defamation cases. The court concluded that Orwoba’s claims were fueled by malice and intended to harm Nyegenye’s reputation both personally and professionally.
“It is clear that even before making her statements, the Defendant was aware that she could not substantiate the allegations,” the court noted, adding that Orwoba’s intention was to have Nyegenye impeached and removed from office through public pressure.
“The Defendant’s intention of publishing the statements on social media was not to seek justice for any Sexual harassment but to spite and disparage the Plaintiff and trample on his reputation, which she managed to ensure went viral…” read court papers.
Nyegenye shared with the court that the allegations had taken a serious toll on his career, reputation, and family life.
In response, the court awarded him Ksh.8 million in general damages, along with Ksh.2.5 million for exemplary and aggravated damages. Additionally, if Orwoba doesn’t issue a public apology, he will receive another Ksh.1 million in default damages.
The court made it clear that the apology needs to be published on the same platforms — her WhatsApp status, Facebook, X account — and in a widely circulated newspaper, with the wording needing to be approved by the plaintiff.
Interest will start accumulating on the awarded amounts from the date of the judgment until everything is paid off, and the Ksh.1 million penalty will begin to accrue interest after the 30-day period for the apology has passed.
A permanent injunction was also put in place, preventing the former senator and her associates from publishing or republishing any defamatory content about Nyegenye.
Nyegenye filed his lawsuit in September 2023, pointing to a series of defamatory posts and negative audio and video clips shared by Orwoba and spread by others on social media platforms.
“The conduct of the Defendant has been casual, aimed at protracting this litigation and failing to comply with the court’s directions,” Magistrate Ngotho noted, justifying the award of aggravated damages.
Senate Clerk Wins Ksh.10.5M in Defamation Case
