Ex-Senator Gloria Orwoba Ordered to Pay Ksh.10.5 Million in Defamation Case Against Senate Clerk

 

By Sysvoline Atieno

Former nominated senator and outspoken gender rights advocate Gloria Orwoba has been slapped with a Ksh.10.5 million penalty after a Nairobi court found her guilty of defaming Senate Clerk Jeremiah Nyegenye through a series of damaging and unsubstantiated social media posts.

Delivering the ruling at the Milimani Commercial Court on Monday, Chief Magistrate Ruguru Ngotho declared that Orwoba’s online accusations of sexual harassment were “malicious, defamatory, and without evidence.” The posts, shared across her WhatsApp status, Facebook, and X (formerly Twitter), sparked a national conversation but have now been found by the court to have crossed legal boundaries.

“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege,” Magistrate Ngotho ruled, rejecting Orwoba’s claim that her statements were protected by parliamentary immunity.

The court further noted that Orwoba failed to provide any credible proof to back up the allegations. Instead, Magistrate Ngotho concluded that Orwoba had acted with “ill intent” and “deliberate malice.”

“It is clear that even before making her statements, the Defendant was aware that she could not substantiate the allegations,” the judgment reads. “The Defendant’s intention… was not to seek justice for any sexual harassment but to spite and disparage the Plaintiff.”

Damages Awarded and Public Apology Ordered

Nyegenye, in his testimony, told the court that the defamatory posts had inflicted deep emotional, professional, and reputational harm.

“The emotional and professional toll this has taken on me and those close to me cannot be overstated,” he said. Speaking outside the court after the verdict, he expressed relief, saying, “Truth and justice have finally prevailed.”

Magistrate Ngotho awarded Nyegenye a total of Ksh.10.5 million, broken down as follows:

• Ksh.8 million in general damages for loss of reputation,
• Ksh.2.5 million in aggravated and exemplary damages, and
• Ksh.1 million in default damages should Orwoba fail to issue a public apology within 30 days.

The apology must be published across the same platforms where the defamatory content appeared—her WhatsApp status, Facebook, and X account—and in a newspaper of national circulation. The wording must be approved by Nyegenye or his legal team.

The court also imposed a permanent injunction barring Orwoba and any of her associates from publishing or republishing defamatory material about Nyegenye. Violating this order could result in additional legal sanctions.

Criticism of Orwoba’s Conduct During Trial

In her scathing remarks, Magistrate Ngotho condemned Orwoba’s behavior throughout the proceedings, stating that she had acted with “casualness,” failed to comply with court directions, and unnecessarily prolonged the case. This conduct, she noted, justified the award of exemplary damages.

The case, filed in September 2023, stemmed from multiple online posts and the circulation of audio and video clips that the court described as "targeted character assassination."

Nyegenye’s lawyer praised the court’s decision, saying, “This ruling sends a strong message about accountability in the digital age. Freedom of expression does not include the freedom to destroy someone’s life and career with baseless allegations.”

No Response Yet from Orwoba

By the time of publication, Gloria Orwoba had not issued any public statement in response to the ruling. With the 30-day deadline for her to issue the mandated apology now counting down, legal experts warn that non-compliance could trigger enforcement action and additional penalties, with interest already accruing on the judgment amount.

Orwoba, who gained national attention for her bold activism around menstrual equity and gender issues, now faces a reputational and financial crisis of her own—one that could mark a significant turning point in her public career.