The Nyamira County High Court has delivered a landmark ruling in a high-profile defamation case involving nominated Member of Parliament Irene Mayaka and Wycliff Asuga Nyaega, a local YouTuber and WhatsApp group member known as “Enchui Ensacha.”
The case stema from a video Mr. Nyaega published on July 25, 2023 which contained defamatory statements against Ms Mayaka bringing her reputation into disrepute. In his ruling, Resident Magistrate Beniah Okong’o Odhiambo emphasized the importance of protecting an individual’s personal character and official reputation, which are integral components of human dignity. While the Constitution of Kenya guarantees freedom of expression, the magistrate underscored that this right must be exercised with respect for the rights and reputations of others.
“The court has thoroughly scrutinised the contents of the above statements and has equally scrutinised the video as well as all the exhibits produced by the plaintiff and has established that indeed the said statements were defamatory and were intended to injure and lower the plaintiff’s reputation among right-thinking members of the society,” said the Magistrate.
After Mr Nyaega failed to appear in court despite being summoned, the magistrate determined that the statements in question were indeed defamatory. Consequently, Mr Nyaega has been ordered to pay substantial damages including Sh2 million in general damages and an additional Sh500,000 in exemplary, punitive, and aggravated damages. Furthermore, the court has granted Ms Mayaka’s request for an order restraining Mr Nyaega from making further defamatory statements and mandated the removal of such content from social media platforms including his YouTube channel, ‘Enchui Ensacha TV,’ which boasts over 100,000 subscribers. Additionally, Mr Nyaega is directed to issue an apology on the same platforms where the defamatory statements were initially published.
