Senator Orwoba ordered to pay Sh10.5m for defaming Senate Clerk Nyegenye

Former nominated Senator Gloria Orwoba has been ordered to pay Sh10.5 million in damages for defaming Senate Clerk and Parliamentary Service Commission Secretary, Jeremiah Nyegenye.

In a judgment delivered at the Milimani Commercial Court, Magistrate Ruguru Ngotho ruled that Orwoba’s social media posts accusing Nyegenye of sexual harassment were defamatory, malicious, and unsubstantiated.

The court dismissed her argument that the remarks were protected under parliamentary privilege, noting that they were not made within the confines of Parliament.

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

The court found that Orwoba acted with malice and ill intent in publishing the allegations on her WhatsApp status, Facebook, and X (formerly Twitter), intending to damage 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,” the Magistrate ruled.

Nyegenye, through lawyer Peter Wanyama, told the court that the allegations had caused him immense reputational damage, affecting his career and family life.

The court agreed, awarding him Sh8 million in general damages and an additional Sh2.5 million in exemplary and aggravated damages.

The judgment also noted that the former Senator’s posts had gone viral, drawing attention from international media, and were meant not to seek redress but to harm Nyegenye’s image.

The court issued a permanent injunction stopping Orwoba and her associates from publishing or republishing defamatory material about Nyegenye.

She has also been directed to issue a public apology, both on her social media platforms and in a national newspaper, within 30 days.

Failure to do so will attract a further Sh1 million in default damages.

Magistrate Ngotho noted that the defamatory remarks had caused the Clerk emotional distress and embarrassment.

She observed that Nyegenye’s public role demanded a high standard of moral integrity, which the defamatory posts had unfairly undermined.

The court stressed that while freedom of expression is constitutionally protected, it must be exercised responsibly and without infringing on others' dignity and reputation.

“The conduct of the Defendant throughout the proceedings was 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,” the ruling read.

The lawsuit stemmed from a complaint filed by Nyegenye on September 26, 2023, citing repeated defamatory statements posted by Orwoba on social media, including audio and video clips later circulated widely.