A third-year law student from the University of Nairobi has been ordered to pay Ksh. 7.5 million in damages for defamation under Kenya’s Computer Misuse and Cybercrimes Act, 2018.
The ruling by an Eldoret court followed a case filed by Benard Kagia, the driver for Prophet David Owuor of the Repentance and Holiness Ministry, against the student, Kevin Ndung’u Kiriga.
Origins of the Defamation Case
The dispute stemmed from a series of Facebook posts made by Kiriga three years ago. In the posts, the student labeled Kagia as a “prostitute” and accused him of neglecting his family responsibilities.
These accusations allegedly led to the breakdown of Kagia’s marriage, prompting him to file a libel suit, claiming the statements were defamatory and caused significant harm to his reputation and personal life.
Court’s Verdict
Chief Magistrate Dennis Mikoyan delivered the ruling, affirming that the content of the Facebook posts was defamatory.
“The defamatory statements made online have serious legal consequences. Civility must be upheld on digital platforms to avoid harm to others,” Magistrate Mikoyan stated during the verdict.
The court awarded Kagia Ksh. 7.5 million in damages, emphasizing the importance of responsible online behavior, particularly on social media platforms.
Student’s Reaction
Kiriga expressed his inability to pay the fine, citing financial constraints. He informed the court that he did not own any assets or property that could be sold to raise the amount.
“I am unable to pay the Ksh. 7.5 million as I do not have the financial means or assets,” Kiriga told the court.
The matter is set for further directions on May 28, 2025, as the court considers the next steps.
Broader Implications
This case highlights the increasing legal consequences of cyberbullying and defamation on social media in Kenya. It serves as a stark reminder of the need for digital etiquette and the potential repercussions of irresponsible online behavior.
