Former nominated Senator Gloria Orwoba has suffered a major blow after a Nairobi court ordered her to pay Sh10.5 million in damages to the Clerk of the Senate and Secretary to the Parliamentary Service Commission, Jeremiah Nyegenye, for defamation. 

In a judgment delivered by Milimani Commercial Court Magistrate Ruguru Ngotho on Monday, the court found that Orwoba had made a series of defamatory, malicious, and unsubstantiated posts about Nyegenye on her social media platforms, including WhatsApp, Facebook, and X (formerly Twitter).

The court held that the statements were not protected by parliamentary privilege as claimed by Orwoba. 

“This court finds that Orwoba's statements posted on her personal WhatsApp status and Facebook page and X Page were defamatory, libelous and malicious. The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege," the magistrate ruled. 

The magistrate ruled that Orwoba had not provided any evidence to support her defence.

The court also found that Orwoba’s social media posts, which accused Mr Nyegenye of sexual harassment, were made with ill intent and aimed at damaging both his personal and professional reputation.

“It is clear that even before making her statements, the Defendant was aware that she could not substantiate the allegations. Her main aim was to put her allegations in the public domain and have the Plaintiff prosecuted in the public court,” the Magistrate noted. “From her evidence, her main intention was to have the Clerk of the Senate impeached and removed.”

Magistrate Ngotho added that Orwoba’s use of social media was not a pursuit of justice but a deliberate attempt to disparage the clerk.

“The intention of publishing the statements on social media was not to seek justice for any sexual harassment but to spite and disparage Nyegenye and trample on his reputation, which she managed to do as the posts went viral and were even picked up by an international media and published,” the court ruled.

Represented by lawyer Mr Peter Wanyama, Mr Nyegenye sought damages, noting that the defamatory posts had significantly harmed his reputation, career, and family life.

Consequently, Magistrate Ngotho awarded Clerk Jeremiah Nyegenye a total of Sh10.5 million in damages.

 This includes Sh8 million in general damages for the harm caused to his reputation, Sh2.5 million in exemplary and aggravated damages to reflect the malicious intent behind the defamatory posts, and an additional Sh1 million in default damages.

The court further warned the senator that the default damages will apply if she fails to issue a public apology across her social media platforms and in a national newspaper within 30 days.

The court also issued a permanent injunction restraining Orwoba and her associates from publishing or republishing any defamatory content against the Clerk.

Magistrate Ngotho said she took into account the Clerk's standing in society and the ethical expectations placed on him as a public servant.

“The Defendant’s words and statements published on the various social media platforms caused the Plaintiff distress, embarrassment, and ridicule, and as a result, the Plaintiff suffered injury to his reputation,” she observed.

The court emphasized that freedom of expression must be exercised responsibly. 

“What this court can only do is to assuage the Plaintiff’s tainted image and to do so I will award the Plaintiff general damages of Sh 8,000,000,” Magistrate Ngotho said.

The court further criticized  Orwoba's conduct during the proceedings.

“The conduct of the Defendant thereafter up to and including the time of the trial itself has been casual, aimed at protracting this litigation and failed to comply with court’s directions. An award for exemplary and aggravated damages as against the Defendant is deserved so as to serve as a reminder in future that when exercising her right to freedom of expression she should guard against trampling on the reputation of others,” the court ruled.

Mr Nyegenye had filed the suit on September 26, 2023, alleging that Orwoba had defamed him through multiple posts on WhatsApp and disparaging audio and video clips that were widely circulated on X and Facebook.

In his pleadings, the Clerk contended that the posts were not only false and malicious but were designed to injure his character and standing in both professional and personal spheres. 

He told the court that the statements, which accused him of sexual harassment, were unsubstantiated and intended to provoke public outrage, thereby undermining his credibility and authority as the head of the Senate Secretariat.

Mr. Nyegenye further testified that the defamatory publications had caused immense psychological distress, strained his family relationships, and damaged his long-standing professional reputation. 

He maintained that the widespread circulation of the posts, including coverage by international media outlets, had exposed him to global ridicule, making it difficult to continue executing his duties without prejudice.