The Court has ordered former nominated Senator Gloria Orwoba to pay Ksh10.5 million in damages for defaming Jeremiah Nyegenye, the Senate Clerk and Secretary to the Parliamentary Service Commission.

In a ruling delivered by Magistrate Ruguru Ngotho at the Milimani Commercial Court, the court found that Orwoba’s social media posts accusing Nyegenye of sexual harassment were malicious, defamatory, and lacked any factual basis. The court rejected Orwoba’s defense that her claims were protected by parliamentary privilege.

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

According to the judgment, Orwoba deliberately and maliciously published the allegations on her WhatsApp status, Facebook page, and X (formerly Twitter), with the intention of harming 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. Her main aim was to put her allegations in the public domain and have the plaintiff persecuted in the public court,” Magistrate Ngotho concluded.

Nyegenye, represented by lawyer Peter Wanyama, testified that the defamatory claims had damaged his reputation, disrupted his career, and caused strain in his family life. The court agreed and awarded him Ksh8 million in general damages and Ksh2.5 million in exemplary and aggravated damages.

Magistrate Ngotho further observed that the viral nature of Orwoba’s posts had drawn international media attention, intensifying the damage to Nyegenye’s image. She stressed that the intent behind the posts was not to pursue justice but to publicly discredit the Senate Clerk.

To prevent further harm, the court issued a permanent injunction barring Orwoba and her associates from publishing or republishing any defamatory content about Nyegenye.

In addition, Orwoba must issue a public apology within 30 days on the same platforms where she made the original claims – WhatsApp, Facebook, and X – as well as in a nationally circulated newspaper. Failure to do so will attract an additional Ksh1 million penalty, which will also accrue interest if not paid on time.

The magistrate condemned Orwoba’s demeanor during the trial, describing her conduct as casual and non-compliant. “An award of aggravated damages is necessary to serve as a reminder that freedom of speech should not be used as a weapon to destroy reputations,” she ruled.

The court ruled that Nyegenye’s position as a senior person demanded integrity and moral uprightness, which the defamatory comment unjustly undermined, leading to public embarrassment and mental distress.

“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,” court documents revealed.

Interest shall accrue on all the damages awarded until the amount in full is paid.