Former nominated Senator Gloria Orwoba has been ordered to pay Senate Clerk Jeremiah Nyegenye Sh10.5 million after losing a defamation case.
The ex-senator had accused the Senate clerk of sexual harassment, accusations Mr Nyegenye denied leading to the court case.
Milimani Commercial Court Magistrate Ruguru Ngotho, in a judgment dated July 14, 2025, ruled that Ms Orwoba's statements, published on her social media platforms were defamatory, libelous, and malicious, and not protected by parliamentary privilege as she had claimed.
The series of malicious and unsubstantiated posts were published on Ms Orwoba’s WhatsApp status, Facebook page and X handle.
In the detailed judgment, Mr Ngotho ordered the ex-senator to render a suitable and fitting apology to Mr Nyegenye through the same social media platforms and in a newspaper of national circulation within 30 days; failure to which she shall pay an additional Sh1 million in damages – which shall start accruing interest upon the expiry of a 30-day deadline.
Milimani Commercial Court Magistrate Ruguru Ngotho ruled that Ms Orwoba's statements were defamatory, libelous, and malicious, and not protected by parliamentary privilege as she had claimed.
Photo credit: Shutterstock
Further, she has – either by herself or through her agents and/or bloggers – been permanently restrained from publishing any other defamatory statements against the Senate clerk.
“The Defendant is to pay the Plaintiff a sum of Sh8 million as general damages; further pay to the Plaintiff a sum of Sh2.5 million as exemplary and aggravated damages,” read the judgment.
“The defendant shall pay interest on the penalties above from the date of this judgement till payment in full. The Plaintiff shall also have the costs of the suit. It is so ordered.”
Mr Nyegenye filed a lawsuit against Ms Orwoba through a Plaint dated September 26, 2023, alleging that the former senator had repeatedly published defamatory statements about him.
Through lawyer Peter Wanyama, Mr Nyegenye told the court that the posts caused him extensive damage, affecting his career, reputation, and family life.
In awarding the Sh8 million in general damages, Mr Ngotho said he considered the standing of Mr Nyegenye in the society, the public office he holds, achievements and the fact that no amount of money can reinstate his blemished reputation.
On the other hand, the magistrate said Ms Orwoba’s casual approach to pulling down the offending posts led to the award of the Sh2.5 million in exemplary damages.
According to Mr Ngotho, the court ordered the ex-senator to pull down the offending posts and despite service she took time to remove the offending posts.
However, he said, Ms Orwoba’s conduct thereafter, both and up to and including the time of the trial itself, have been casual, aimed at protracting this litigation and failing to comply with court’s directions.
“An award for exemplary and aggravated damages as against the Defendant is deserved so as to serve as a reminder in future that when exercising her right to freedom of expression, she should guard against trampling on the reputation of others,” said the magistrate.
In his ruling, Mr Ngotho said that Ms Orwoba’s allegations of sexual harassment against Mr Nyegenye were made with ill-intent and aimed at tarnishing the clerk’s personal and professional reputation.
The Court also held that the defendant was actuated by spite and ill motive and therefore her words were malicious, saying that the defendant was aware that she could not substantiate the allegations.
“Her main aim was to put her allegations in the 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 court noted.
Former senator Gloria Orwoba on a campaign poster against period shaming.
Photo credit: Pool
The magistrate noted that to only state that the Plaintiff made sexual advances without proof is not sufficient as Ms Orwoba needed to prove her allegations on a balance of probability sufficient to justify them.
“I find that the words made by the defendant on her WhatsApp Status and her Facebook page were indeed defamatory of the Plaintiff."
The allegations were published to 172 contacts on her phonebook, 50,000 followers on Facebook and 9,836 followers on X.
“It is my finding that the Defendant’s words and statements that she published on the various social media platforms caused the Plaintiff distress, embarrassment and ridicule and as a result the Plaintiff suffered injury to his reputation,” said Mr Ngotho.
But in her defence, Ms Orwoba told the court that she was justified in publishing the allegations as they were true in substance and fact but the court said the defendant led no evidence to prove the accusations.
Further, there was no evidence of formal complaint made anywhere against the clerk or any pending investigations.
The Defendant also raised the defence of fair comment but this also failed for lack of evidence to support that the statements she made were mere opinions given in a matter of public interest.
Ms Orowoba had also tried to defend herself by saying her statements were covered by parliamentary privilege as they were made at the Senate and in the public interest.
However, the magistrate said evidence showed that the defamatory statements were not made on the floor of the Senate but were posted on the Defendants personal WhatsApp status and on her Facebook page.
“The words complained of were not uttered within the precincts of Parliament and cannot benefit from qualified privilege. Clearly, the circumstances of this case do not support the assertion that the defamatory words made by the Defendant as against the Plaintiff were made in a position of qualified privilege,” he said.
