Former nominated Senator Gloria Orwoba has been ordered to pay Ksh 10.5 million in damages to Senate Clerk Jeremiah Nyegenye after the Milimani Commercial Court found her guilty of defaming him through a series of malicious social media posts accusing him of sexual harassment.
While delivering a judgment on Monday, July 14, Magistrate Ruguru Ngotho declared that Orwoba’s statements, published on her WhatsApp status, Facebook page, and X, were false, defamatory, libelous, and malicious.
Further, the court found that the posts, which accused Nyegenye of sexual harassment, were not protected by parliamentary privilege and were made with ill intent.
“The words posted and published by the Defendant concerning the Plaintiff are defamatory, libelous, and malicious,” the magistrate ruled.
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Consequently, the court awarded Nyegenye Ksh8 million in general damages and Ksh2.5 million in exemplary and aggravated damages
The Senate Clerk will also be awarded Ksh1 million in default damages if Orwoba fails to issue a public apology within 30 days, on her social platforms and in a national newspaper.
In addition, a permanent injunction was issued, barring Orwoba or her associates from publishing any further defamatory statements against the Clerk.
Gloria Orwoba VS Senate Clerk
Orwoba accused Nyegenye of making sexual advances toward her and retaliating when she refused.
In a video posted on Facebook and referenced in court, she stated, “Clerk of the Senate Jeremiah Nyegenye solicited for sexual favours from me… and once I refused… the retaliation began.”
However, the court found that she failed to substantiate the allegations.
“It was incumbent upon her to go the extra mile to justify her statements. She did not,” the magistrate said.
The judgment noted that Orwoba’s posts were meant to damage Nyegenye’s career and reputation, and not to seek justice.
“Her main intention was to have the Clerk of the Senate impeached and removed. Her aim was to spite, disparage and trample on his reputation,” the ruling stated.
The court also took issue with Orwoba’s conduct throughout the case, saying she failed to comply with court directions and showed no remorse.
“The Defendant’s conduct has been casual. An award for exemplary damages is deserved to remind her that freedom of expression must be exercised responsibly,” the court added.
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Nyegenye Testifies
On the other hand, Nyegenye who was represented by lawyer Peter Wanyama, testified that the allegations caused deep harm to his family and professional life.
Additionally, a colleague who testified in court said the accusations were untrue and had caused immeasurable damage to his reputation.
However, Orwoba admitted to publishing the posts and said she believed them to be true, but the court ruled her defences of justification, fair comment, and qualified privilege had no legal grounding.
“No amount of money can reinstate his blemished reputation. What this court can only do is to assuage the Plaintiff’s tainted image,” Magistrate Ruguru Ngotho added.
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