Court Awards Senator Mogeni and Justice Mogeni Sh6.5 Million in Defamation Case

The High Court in Nairobi ordered the Nation Media Group Limited to pay Nyamira Senator Erick Okong’o Mogeni and his wife, Lady Justice Jacqueline Mogeni, a total of Sh6.5 million in damages for defamation.

In a judgment delivered by Justice Nixon Sifuna on September 25, the court found that a November 2021 article published in the Sunday Nation under the headline “Lawmaker pushes wife’s hiring as judge” was false, malicious, and damaging to the reputation of the couple.

The article alleged that a legislator serving on Parliament’s Justice and Legal Affairs Committee had improperly used his influence to secure his wife’s appointment as a judge.

It further claimed that the judge had been given interview questions in advance and coached on how to respond.

Although the story did not name the plaintiffs directly, the court ruled that readers would naturally link the article to Senator Mogeni, then serving as chair of the Senate Justice and Legal Affairs Committee, and his wife, who had just been appointed as a Judge of the Environment and Land Court.

“The publication falsely imputed against the Plaintiffs serious and even criminal conduct, all without first verifying or justifying the true facts,” Justice Sifuna said, describing Nation Media’s conduct as reckless and malicious.

The court awarded Senator Mogeni Sh5 million in general damages, Justice Mogeni Sh500,000 in nominal damages, and both jointly Sh1 million in exemplary damages, bringing the total award to Sh6.5 million.

Nation Media Group was also ordered to pay the costs of the suit, with interest accruing until full payment.

However, the judge declined to grant a permanent injunction against future publications or to compel the newspaper to issue an apology, ruling that the article was published nearly four years ago.

“Furthermore, granting such an injunction would unjustifiably infringe on the Defendants’ constitutional right to freedom of expression. Therefore, the request for a permanent injunction is denied,” said Sifuna

The case against Nation Media’s editorial director, Mutuma Mathiu, was dismissed after the court found no evidence linking him personally to the story.

The suit arose from a Sunday Nation article published on November 7, 2021, shortly after Justice Jacqueline Mogeni’s appointment to the bench.

At the time, Senator Mogeni chaired the Senate’s Justice and Legal Affairs Committee.

The article suggested that he had lobbied for his wife’s selection and that she had benefited from improper advantage in the interviews.

The couple sued Nation Media in September 2022, claiming the story tarnished their reputations, caused embarrassment, and undermined public confidence in their offices.

They argued that the allegations suggested corruption, dishonesty, and abuse of office.

Nation Media, in its defence, admitted publishing the article but denied it was defamatory, insisting it did not identify the plaintiffs by name and was protected under constitutional provisions on freedom of the press.