The High Court in Nairobi has awarded Nyamira Senator Erick Okongo Mogeni and his wife, Lady Justice Jacqueline Mogeni, a total of Ksh.6.5 million in damages following a defamatory publication.
In a ruling delivered on September 25, 2025, Justice Janet Mulwa found that a November 2021 article titled “Lawmaker pushes wife’s hiring as judge” falsely portrayed the couple as engaging in corruption and abuse of office.
The publication suggested that Senator Mogeni, then chair of the Senate’s Justice and Legal Affairs Committee, had used his influence to secure his wife’s appointment as a judge. It further alleged that Lady Justice Mogeni was coached for her interview and had access to confidential questions beforehand.
The couple, through their legal team, argued that the story was false, malicious, and damaging to their professional standing. They sought an apology, damages, and an injunction to prevent similar defamatory publications.
After reviewing the evidence, the court held that the article was reckless, defamatory, and malicious. Justice Mulwa emphasized that while freedom of the press is constitutionally protected, it must be balanced with individuals’ rights to dignity and reputation.
“The impugned article falsely imputed against the Plaintiffs serious and criminal conduct that ordinarily would invite penal sanctions, all without first verifying or justifying the facts,” Justice Mulwa stated.
On damages, the court awarded Senator Mogeni Ksh.5 million in general damages and Lady Justice Mogeni Ksh.500,000, noting that her claim was less substantiated with independent evidence. Additionally, the couple received Ksh.1 million in exemplary damages, making a total of Ksh.6.5 million.
The award will accrue interest at court rates until full settlement. The defendants were also directed to cover the costs of the suit. However, the judge dismissed the case against one of the named editors, citing insufficient grounds for personal liability.
This ruling underscores the judiciary’s stance that media freedom must be exercised responsibly and not at the expense of reputations.
