An Eldoret court has ordered a University of Nairobi law student to pay Sh7.5 million in damages to a driver affiliated with Prophet David Owuor of the Repentance and Holiness Church for defamation.
The court found the student, Kevin Ndung’u, guilty of cyberbullying under the Computer Misuse and Cybercrimes Act No. 5 of 2018.
Eldoret Chief Magistrate Dennis Mikoyan ruled that Ndung’u, an active social media user, had engaged in cyber harassment by making defamatory statements online against Benard Kagia, a driver attached to Prophet Owuor’s ministry.
According to court documents, Ndung’u posted allegations questioning Kagia’s family values, which Kagia found offensive and defamatory. As a result, Kagia filed a libel suit against the third-year law student.
In his judgment, Magistrate Mikoyan stated that the words posted by the accused on Facebook were clearly defamatory.
“I accordingly find that the plaintiff is entitled to damages for defamation, including the cost of the suit, amounting to Sh7,512,700,” said the magistrate.
He further emphasized the need for responsible use of social media, warning that online defamation is on the rise and has serious legal consequences.
“Defamatory statements made through online platforms can lead to serious legal implications. All users of digital spaces must understand the legal consequences of such actions,” he warned.
Following the ruling, there was drama in the courtroom as Ndung’u protested the hefty penalty, saying he was unable to raise the amount.
He pleaded with the court for 30 days to consult his parents and relatives on how to settle the payment.
“I beg this court to grant me 30 days so I can go home and speak with my parents and other relatives about how to pay the fine and compensate the plaintiff as ordered. I have no assets of my own; everything at home belongs to my parents,” Ndung’u told the court.
