The High Court has ordered Nation Media Group (NMG) to pay Nyamira Senator Erick Okong’o Mogeni and his wife, Lady Justice Jacqueline Mogeni, KSh6.5 million in damages for a defamatory article published in the Sunday Nation.
In the judgment delivered on September 25, 2025, Judge Janet Mulwa found the media house wholly liable for a story that suggested the senator improperly influenced his wife’s appointment as a judge.
The court awarded Senator Mogeni Kshs5 million in general damages, citing his status as a public figure and comparing the award to similar cases.
Justice Mogeni was awarded Ksh500,000 in nominal damages because she did not provide third-party evidence to prove her reputation had been lowered in the eyes of others as a result of the article.
The couple was also jointly awarded Ksh1 million in exemplary damages.
Accordingly, the Court finds and holds the 1st Defendant wholly liable for tort of defamation against the Plaintiffs and enters judgment accordingly as hereunder -: a. General damages 1st Plaintiff Kshs5,000,000 2nd Plaintiff Ksh500,000. Exemplary damages jointly to both Plaintiffs Ksh1,000,000. Total Ksh6,500,000.
The court, however, denied the Plaintiffs’ requests for a permanent injunction and a court-ordered apology.
The case against the second defendant, Mutuma Mathiu, was also dismissed with no order as to costs.
The above amount shall attract interest at court rates from the date of this judgment until full settlement.
Also Read: How Kenyans Can File Cases Worth Up to KSh1 Million in Small Claims Court
Nation Media vs Nation Media Case
The case was about an article published on November 7, 2021, titled “Lawmaker pushes wife’s hiring as judge”.
In the story, NMG alleged that a lawyer and member of the Justice and Legal Affairs Committee (JLAC) had “used his position and connections to have his wife appointed as a judge recently” and sought to create a “cabal of friendly judges”.
Although the article did not name Senator Mogeni or Justice Mogeni, the petitioners argued it clearly referred to them.
At the time, Senator Mogeni was the Chairperson of the Senate’s JLAC, and his wife had been recently appointed as a judge.
Witnesses, including Governor Mutula Kilonzo Junior, testified that upon reading the article, it was clear that the only people who could fit the description were the Plaintiffs.
Also Read: Blow to MPs, Senators as Court Rules on Constitution Amendment Bill 2025
Court Findings
In its ruling, the court determined that the article was indeed defamatory and concerned the Plaintiffs, despite NMG’s defence that the article did not refer to them by name.
The court found that the publication’s content was false and that the language used, such as ‘cabal of friendly judges’ appeared to “sensationalize or dramatize the article”.
The judgment stated that the failure to verify the facts before publishing resulted in injury to the Plaintiffs’ reputations.
The court found the Defendants’ actions were reckless and malicious.
Follow our WhatsApp Channel and X Account for real-time news updates.
