Siaya Blogger Ordered to Pay Sh3.3 Million in Defamation Case Against County Official

A Siaya magistrate's court has rendered a significant judgment in a defamation case, ordering blogger Michael Ochieng to pay Sh3.3 million in damages to Wilfred Ouma Nyagudi, the Chief Executive Officer of the Siaya County Public Service Board. 

The ruling was delivered on June 13, 2025, with the case stemming from a Facebook post by Ochieng, which included Nyagudi's photograph accompanied by a caption deemed sarcastic and damaging. Nyagudi argued that the post, widely circulated across social media platforms, particularly WhatsApp groups in Siaya County, implied moral corruption and unsuitability for public office.

Resident Magistrate Jacob Mkala ruled that Nyagudi successfully demonstrated the defamatory impact of the statements on his professional standing. The court awarded Sh3 million in general damages and an additional Sh300,000 in exemplary damages. Ochieng is also required to delete the offending posts from all platforms and issue a public apology through the same channels where the content was initially shared.

In court documents, Nyagudi detailed the emotional and professional distress caused by the post, including damage to his integrity and loss of public trust. His legal team, led by advocate Felix Oketch, argued that online commentary must adhere to ethical standards, especially when discussing public officials.

Ochieng defended his post as a fair comment on matters of public interest, referencing media reports of irregular hiring practices within the county government. 

He argued that as a public official, Nyagudi should be subject to scrutiny. However, the court found that Ochieng's statements, particularly combined with the image, exceeded the bounds of responsible public discourse, resulting in unwarranted harm. Advocate Oketch has welcomed the decision, emphasising its significance in setting a precedent for handling online defamation cases and reinforcing that freedom of expression does not extend to spreading falsehoods.