Court awards Sh10.5 million to Senate Clerk Nyegenye in defamation case against Gloria Orwoba

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

In a judgment delivered at the Milimani Commercial Court, Magistrate Ruguru Ngotho found that Orwoba’s social media posts accusing Nyegenye of sexual harassment were defamatory, malicious, and without basis.

“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” Magistrate Ngotho said, rejecting Orwoba’s defence that her claims were protected under parliamentary privilege.

The court found that Orwoba published the claims deliberately and maliciously via her WhatsApp status, Facebook page and X, intending to harm Nyegenye’s 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 persecuted in the public court,” Ngotho ruled.

Nyegenye, through his lawyer Peter Wanyama, told the court that the false allegations had harmed his career, damaged his reputation, and strained his family life. The court agreed, awarding him Sh8 million in general damages and an additional Sh2.5 million in exemplary and aggravated damages.

Magistrate Ruguru Ngotho further observed that Orwoba’s defamatory posts had gone viral, drawn international media attention, and were intended not to seek justice but to damage Nyegenye’s public image.

The court also issued a permanent injunction prohibiting Orwoba and her associates from publishing or republishing any defamatory content about Nyegenye.

Issue public apology

Orwoba has also been ordered to issue a public apology on her WhatsApp status, Facebook page, and X account, as well as in a nationally circulated newspaper, within 30 days. Failure to do so will result in an extra Sh1 million in default damages.

“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,” Ngotho ruled.

The magistrate noted that Nyegenye’s position as Senate Clerk demanded a high moral standard, which the defamatory remarks had unjustly damaged, leading to emotional distress and embarrassment.

“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 the court papers.

Interest will be charged on the total award from the date of judgment until full payment is made, while the Sh1 million penalty for failing to apologise will attract interest if not settled within 30 days.

Nyegenye filed the suit in September 2023, citing repeated defamatory posts and widely shared audio and video clips uploaded by Orwoba and others on social media.

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