A Siaya-based blogger has been slapped with a Sh3.3 million fine for defaming a county government official on Facebook.
The complainant, a county executive officer, told the court that the Facebook posts had not only harmed his personal reputation but also undermined public trust in his office. The High Court agreed, ruling that the statements were defamatory and awarding the official Sh3.3 million in general and aggravated damages.
This case adds to a growing list of defamation and cybercrime prosecutions tied to social media content in Kenya. While the right to freedom of expression is protected under Article 33 of the Kenyan Constitution, it is not absolute. Courts have repeatedly emphasized that speech which injures another person’s reputation without factual basis or public interest justification can—and will—attract legal consequences.
The case involved Michael Ochieng, also known as Mike Ochieng, who was sued by Mr. Wilfred Ouma Nyagudi, the Chief Executive Officer of the Siaya County Public Service Board. The lawsuit stemmed from a Facebook post where Ochieng shared Mr. Nyagudi’s image with the caption: “Let’s pray for Siaya Public Board CEO Mr. Wilfred Nyagudi this Palm Sunday…”
According to Nyagudi, the statement was crafted to portray him negatively, implying that he was morally unfit for public office.
“The words, by their ordinary meaning and innuendo, were crafted to make society view me as a person lacking integrity and scruples,” he said in his affidavit.
Magistrate Jacob Mkala ruled that Mr. Nyagudi suffered reputational harm, adding that the posts were widely shared across Facebook and WhatsApp groups within Siaya County. The court found that the caption, though brief, was laced with innuendo and carried a damaging undertone that ridiculed the official’s character and professionalism.
Mr. Nyagudi told the court that the post damaged his professional standing, exposed him to ridicule, and undermined public confidence in his leadership.
In his defense, Ochieng submitted newspaper articles that alleged irregular hiring practices within Siaya County, but the court found these unrelated to the content in the offending Facebook post.
Magistrate Mkala directed Ochieng to:
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Pay Sh3 million in general damages for reputational harm,
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Pay an additional Sh300,000 in exemplary damages to punish the defendant and deter similar behavior, and
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Delete all defamatory content from Facebook, WhatsApp, and other platforms,
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Issue an unreserved public apology using the same channels.
The court emphasized that exemplary damages were warranted because the defendant neither retracted the content nor apologized despite the gravity of the accusations and their public dissemination.
This case adds to a growing list of defamation and cybercrime prosecutions tied to social media content in Kenya.