A Nairobi court has ordered former nominated Senator Gloria Orwoba to pay Sh10.5 million in damages after finding her guilty of defaming Senate Clerk Jeremiah Nyegenye in a series of social media posts.
The ruling was delivered on Monday by Magistrate Ruguru Ngotho at the Milimani Commercial Court. The judge ruled that Orwoba’s public accusations of sexual harassment against Nyegenye shared via WhatsApp status updates, Facebook, and X (formerly Twitter) were “defamatory, malicious, and unsubstantiated.”
“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” the magistrate said.
Orwoba had argued that her statements were protected by parliamentary privilege. But the court disagreed, ruling that because the remarks were made outside Parliament, that protection did not apply.
The court found that Orwoba acted with “malice and ill intent,” noting that she published the allegations without evidence and with the aim of damaging 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,” Magistrate Ngotho said. “Her main aim was to put her claims in the public domain and have the Plaintiff persecuted in the court of public opinion.”
Damage Done
Nyegenye, represented by lawyer Peter Wanyama, told the court that the accusations had deeply affected his career and family life. The court agreed, awarding him Sh8 million in general damages and an additional Sh2.5 million in aggravated and exemplary damages.
The judge noted that the allegations quickly went viral and even drew international media attention, saying the former senator’s posts were not made in good faith, nor as a means to seek justice.
The court issued a permanent injunction against Orwoba and her associates, barring them from publishing or republishing any defamatory material about Nyegenye.
She was also directed to issue a public apology on her social media accounts and in a national newspaper within 30 days. Failure to comply will result in an additional fine of Sh1 million.
A Lesson in Responsibility
The court criticised Orwoba’s conduct during the proceedings, calling it “casual and non-compliant.” It said the award of aggravated damages was necessary as a warning.
“Freedom of speech is protected under the Constitution,” the ruling stated, “but it should not be used as a weapon to destroy reputations.”
The case dates back to September 2023, when Nyegenye filed a complaint after repeated social media posts by Orwoba accused him of misconduct. Some of the content included audio and video clips, which were widely shared.
Magistrate Ngotho concluded that the public nature of Nyegenye’s role required a high degree of personal integrity, which had been unfairly attacked by the former senator’s actions.
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