Former nominated Senator Gloria Orwoba has been ordered by the Milimani Commercial Court to pay Sh10.5 million in damages for defaming Senate Clerk and Parliamentary Service Commission Secretary, Jeremiah Nyegenye. The ruling, delivered by Magistrate Ruguru Ngotho, found Orwoba guilty of publishing malicious and unsubstantiated claims of sexual harassment against Nyegenye on various social media platforms, including WhatsApp, Facebook, and X (formerly Twitter).
The court dismissed Orwoba’s defense that her statements were protected under parliamentary privilege, clarifying that the remarks 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,” stated Magistrate Ngotho.
The judgment revealed that Orwoba acted with malice, aware that she could not substantiate the allegations. Instead, she intended to publicly damage Nyegenye’s reputation, which led to widespread media attention and reputational harm. The defamatory content, including audio and video clips, gained traction internationally and inflicted emotional distress and embarrassment on Nyegenye, negatively impacting his family and professional life.
Nyegenye, represented by lawyer Peter Wanyama, emphasized the deep personal and professional harm caused by the false accusations. The court concurred, awarding Sh8 million in general damages and an additional Sh2.5 million in exemplary and aggravated damages.
In addition to the monetary penalty, the court issued a permanent injunction barring Orwoba and her associates from publishing or republishing defamatory content about Nyegenye. She has also been ordered to issue a public apology via her social media platforms and a national newspaper within 30 days. Failure to comply will attract an extra Sh1 million in default damages.
Magistrate Ngotho underscored that while freedom of expression is constitutionally protected, it should not be used to destroy reputations. “An award of aggravated damages is necessary to serve as a reminder that freedom of speech should not be used as a weapon,” she concluded.
The defamation suit stemmed from a complaint filed by Nyegenye on September 26, 2023.
