Former Nominated Senator Gloria Orwoba has been ordered to pay Ksh10.5 million in damages for defaming the Senate Clerk Jeremiah Nyegenye.
In a ruling issued on Monday, July 14, Magistrate Ruguru Ngotho found that Orwoba’s statements published on her WhatsApp status, Facebook page, and X account were defamatory.
“In the end I pronounce myself as follows; a declaration is hereby issued that the words posted and published and circulated by the defendant on her WhatsApp status mobile number 0728xxxxx and on her Facebook page and her X handle concerning the plaintiff are defamatory, libelous and malicious,” read part of the judgment.
As such, the court awarded Nyegenye Ksh8 million in general damages and an additional Ksh2.5 million as exemplary and aggravated damages.
"The defendant is to pay the plaintiff a sum of Ksh8,000,000/= as general damages; defendant is to further pay to the plaintiff a sum of Ksh2,500,000/= as exemplary and aggravated damages," the judgement added.
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Orwoba was further directed to issue a public apology on her WhatsApp status, Facebook, X account, and in a newspaper of national circulation within 30 days.
"The defendant is ordered to render a suitable and fitting apology in terms approved by the plaintiff. The apology is to be published on her WhatsApp status mobile number 0728370xxx and on her facebook page https://www.facebook.com/GloriaOrwoba and her X handle and in a newspaper of national circulation within 30 days of this judgment.
"In default of rendering an apology as ordered the Defendant shall pay an additional Ksh1,000,000/= in damages," the judgment further read.
Ngotho also issued a permanent injunction restraining Orwoba and her agents from publishing any further defamatory statements against Nyegenye.
"The defendant by herself or through her agents and/or bloggers are restrained by way of a permanent injunction from publishing any other defamatory statements against the plaintiff," the judgement read.
The ruling follows a lawsuit filed by Nyegenye in September 2023, accusing Orwoba of sharing false and damaging claims alleging he solicited sexual favors from her.
The court heard that Orwoba posted a photo of Nyegenye on her social media platforms with the caption; "How do people who solicit for sex in the workplace look like? We must safeguard women in workplaces at all times. #NoSexForWork.”
Orwoba later shared a video accusing Nyegenye of retaliation after she allegedly rejected his advances.
However, the court found no evidence to substantiate the claims.
"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 public domain and have the plaintiff persecuted in the public court. From her evidence, her main intention was to have the Clerk of the Senate impeached and removed.
"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 as it was even picked up by an international main stream media and published,” the judgment stated.
