MCA to pay colleague Sh1.5m for defamation on WhatsApp

A Homa Bay court has ordered an MCA to pay Sh1.5 million to his colleague for defaming him on a social media platform.

Kendu Bay Town MCA Maurice Ogwang’ and Headlink Publishers Ltd were accused of defaming Central Karachuonyo MCA Julius Gaya on a WhatsApp group.

The court heard that on March 4, last year Ogwang’ injured Gaya’s reputation before the public by publishing a message in a WhatsApp group called Homa Bay County MCAs 2017/2022.

The information was later published by the Headlink Publishers Ltd.

The court found that the information falsely portrayed Gaya as a corrupt and dishonest MCA who used his position to secure lucrative tenders from the county government.

Homa Bay senior principal Magistrate Thomas Obutu said the evidence adduced revealed that Ogwang’ and the Headlink Ltd published false information against Gaya with intention of damaging his reputation.

“The defendants lack adequate evidence to prove that what they published about the complainant is true. It, therefore, amounts to injury of reputation and character,” read part of the ruling.

Ogwang’ and the Headlink Publishers were ordered to jointly pay general damages of Sh1 million and aggravated damages of Sh500,000.

Gaya’s Lawyer Christopher Ayieko told Ogwang’ to pay the money urgently.

“Deposit the money in the account provided to avoid further unnecessary expenses and disruption by way of auction,” Ayieko said.

(edited by O. Owino)