Blogger to pay Sh3.3 million over defamatory Facebook post

A Siaya court has ordered a blogger to pay Sh3.3 million in damages over a defamatory Facebook post targeting the Chief Executive Officer of the Siaya County Public Service Board.

Michael Ochieng, popularly known as Mike Ochieng on social media, was found to have defamed Wilfred Nyagudi through a post that portrayed him as a man of dubious character and unfit to hold public office.

Resident Magistrate Jacob Mkala awarded Nyagudi Sh3 million as general damages and an additional Sh300,000 as exemplary damages.

According to court documents, Nyagudi said the statements published by Ochieng were false, malicious, and aimed at damaging his reputation and integrity. 

He filed a defamation suit after Ochieng failed to retract the statements or offer an apology.

In a judgment delivered on June 13, 2025, Magistrate Mkala ruled that Nyagudi had proved his case on a balance of probabilities.

“From the analysis of evidence placed before me, it is my holding that the plaintiff has made out a case against the defendant. Consequently, judgment is hereby entered for the plaintiff,” the court ruled.

The magistrate further directed Ochieng to permanently delete the defamatory content from all his social media platforms and to issue an unequivocal apology through the same channels.

Nyagudi’s lawyer, Mr Felix Oketch, welcomed the court’s decision and said it should serve as a model for handling grievances stemming from online content.

“People should be careful about posting false information against others without any evidence,” said Mr Oketch, adding that freedom of expression does not give anyone the right to defame others. 

He said this should be the way to deal with such cases, and not through assault or killings.