Ex-nominated Senator Orwoba ordered to pay Ksh.10.5M for defaming Senate clerk

The Clerk of the Senate and Secretary to the Parliamentary Service Commission, Jeremiah Nyegenye, has been awarded Ksh.10.5 million in a defamation case against former nominated Senator Gloria Orwoba.

Milimani Commercial Court Magistrate Ruguru Ngotho on Monday ruled that Orwoba’s social media posts accusing Nyegenye of sexual harassment were defamatory, malicious, and unsubstantiated.

The court found the posts, shared via Orwoba’s WhatsApp status, Facebook, and X (formerly Twitter), were not protected by parliamentary privilege as she had argued.

“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” Magistrate Ngotho said.

She further noted that Orwoba failed to provide evidence to support any legal defences typically available in defamation cases.

The court found that Orwoba’s allegations were driven by ill intent and aimed at damaging Nyegenye’s personal and professional standing.

“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 told the court that the allegations had severely impacted his career, reputation, and family life.

The court awarded him Ksh.8 million in general damages, Ksh.2.5 million in exemplary and aggravated damages, and an additional Ksh.1 million in default damages if Orwoba fails to issue a public apology. 

The court specified that the apology must be published on the same platforms — her WhatsApp status, Facebook, X account — and in a newspaper of national circulation, with the content of the apology subject to the plaintiff’s approval.

Interest will accrue on the awarded amounts from the date of the judgment until full payment is made, with the Ksh.1 million penalty attracting interest after the 30-day window for the apology lapses.

A permanent injunction was also issued, barring the former senator and her associates from publishing or republishing any defamatory content against Nyegenye.

Nyegenye’s lawsuit was filed in September 2023, citing repeated defamatory posts and disparaging audio and video clips published by Orwoba and circulated by third parties 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.