The Milimani Commercial Magistrate’s Court has ordered former Senator Gloria Orwoba to pay the Clerk of the Senate, Jeremiah Nyegenye, a total of Ksh. 10.5 million in damages after finding her liable for defamation. In a judgment delivered on July 14, 2025, the court ruled that statements published by the Senator on her social media platforms accusing the Clerk of sexual harassment were defamatory, libelous, and malicious.
The case, filed by Mr. Nyegenye in September 2023, centered on a series of posts made by Senator Orwoba on her WhatsApp status, Facebook page, and X (formerly Twitter) handle. Mr. Nyegenye stated that the Senator juxtaposed his photo with captions about sexual predators and explicitly accused him by name in a Facebook video of soliciting sexual favors. He argued that these publications damaged his reputation as a public officer, advocate, husband, and father.
In her defense, Senator Orwoba claimed the statements were true, justified, and made as a fair comment on a matter of public interest, the safety of women in the workplace. She also argued that some posts were made on her private WhatsApp status, accessible only to her contacts.
However, the court found that Senator Orwoba failed to provide any evidence to substantiate her serious allegations of sexual harassment. The judgment stated that the burden of proof lay with the defendant to prove her claims were true, which she did not do. The court dismissed her defenses of justification and fair comment, ruling that she presented the allegations as fact, not opinion. The defense of qualified privilege was also rejected, as the statements were made on her personal social media accounts and not on the floor of the Senate.
The court concluded that the publications were malicious and intended to disparage the plaintiff in the public court rather than to genuinely seek justice.
The court issued the following orders against Senator Gloria Orwoba:
- Pay Ksh. 8,000,000 in general damages.
- Pay Ksh. 2,500,000 in exemplary and aggravated damages.
- Publish a suitable apology, approved by the plaintiff, on her social media platforms and in a newspaper of national circulation within 30 days.
- Pay an additional Ksh. 1,000,000 in damages if she fails to render the apology as ordered.
- A permanent injunction was issued restraining her from publishing any further defamatory statements against the plaintiff.
- She was also ordered to pay the costs of the suit.
Find the full judgement HERE.