A Magistrates Court in Nairobi found nominated Senator Gloria Orwoba guilty of defaming the Clerk of the Senate Jeremiah Nyegenye through unsubstantiated claims of sexual harassment made on social media.
In a judgment delivered by Magistrate Ruguru Ngotho, the court ruled that Orwoba’s posts on her WhatsApp status, Facebook page, and X (formerly Twitter) accusing the Senate Clerk of making sexual advances were defamatory, malicious, and unsupported by evidence.
The court awarded Nyegenye, who serves as the Clerk of the Senate and Secretary to the Parliamentary Service Commission, Sh8 million in general damages and an additional Sh2.5 million in exemplary and aggravated damages, bringing the total to Sh10.5 million.
Orwoba was also directed to issue a formal apology, approved by the clerk, on all her social media platforms and in a national newspaper within 30 days.
In her posts, Orwoba accused the Senate Clerk of sexual misconduct.
However, the court found she failed to provide any evidence to support her claims or show that she had reported the alleged harassment to any investigative authority.
“Sexual harassment is a very serious allegation which ought not be handled casually. However, in this case, the Defendant failed to prove her claims on a balance of probability,” ruled Ruguru.
“The Defendant’s allegations were malicious, derogative and disparaged and embarrassed the Clerk of the Senate,ruined his reputation and even threatened his removal as the Clerk of the Senate.”
The court held that the Nyegenye’s reputation as a public servant, advocate, husband, and father had been “ injured” by Orwoba’s social media posts, which were viewed by tens of thousands of her followers.
The defamatory content was also picked up by international media, including the BBC.
Orwoba had argued that her remarks were made in the public interest and were protected by fair comment and qualified privilege.
However the court rejected that defense, stating that the remarks were made outside parliamentary proceedings and lacked supporting evidence.
“She made serious allegations and failed to justify them. The law is clear, he who alleges must prove,” Ruguru stated.
“It is therefore my finding that save for what was published by bloggers and BBC which are 3rd party publishers, the Defendant published the defamatory statements to all her followers on her WhatsApp status, Facebook and on X pages.”
The court also said Orwoba had been suspended from the Senate after failing to substantiate similar claims before the Committee of Powers and Privileges.
Her continued publication of the same allegations on social media, despite court orders to remove them, further demonstrated malicious intent, the court held.
“Her main aim was to put her allegations in public domain and have the Plaintiff persecuted in the public court,” said the court.
“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.”
In addition to the damages, the court issued a permanent injunction restraining Orwoba from publishing any further defamatory content about the Senate Clerk.
If she fails to issue the ordered apology within 30 days, she will be liable to pay an additional Sh1 million.
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