In a notable legal decision, a magistrate’s court in Nyamira has ordered social media personality Wycliff Asuga Nyaega, known as Enchui Ensacha, to pay Sh2.5 million to nominated MP Irene Mayaka for defamation.
The ruling comes after Mr. Nyaega was found guilty of making defamatory remarks about Ms. Mayaka in a WhatsApp post.
On July 25, 2023, Mr. Nyaega posted a video containing defamatory statements, which was widely circulated across multiple WhatsApp groups, including ‘Nyamira News and Updates,’ which has 457 members, and others such as ‘The future of Nyamira County,’ ‘Nyamaiya & Allied Forum,’ and ‘Egetureri Kiomogusii,’ each with over 400 members. The video also appeared on his YouTube channel, ‘Enchui Ensacha TV,’ which has more than 100,000 subscribers.
Court documents detailed how Mr. Nyaega used offensive language to imply that Ms. Mayaka’s nomination to the National Assembly was unmerited. Despite being summoned, Mr. Nyaega did not appear in court to defend himself, prompting Ms. Mayaka to file a lawsuit on September 1, 2023.
Resident Magistrate Beniah Okong’o Odhiambo ruled in favor of Ms. Mayaka, awarding her Sh2 million in general damages and an additional Sh500,000 for exemplary, punitive, and aggravated damages.
The magistrate also granted Ms. Mayaka’s request to prohibit Mr. Nyaega from making further defamatory statements and ordered the removal of all defamatory content from social media, along with a public apology on the same platforms.
Referencing the case of Richard Otieno Kwach vs The Standard Limited & David Makali Nairobi HCCA No.1099 of 2004, Magistrate Odhiambo emphasized that “words are defamatory if they involve a reflection upon the personal character or official reputation of the plaintiff.”
