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UoN student slapped with Sh7.5m fine for defaming Prophet Owuor driver
Eldoret Chief Magistrate Dennis Mikoyan ruled that the words contained in the accused person's Facebook post were certainly defamatory.
What you need to know:
- The documents filed in court indicate that Mr Ndung’u questioned Mr Kagia’s family values and other related allegations.
- The driver moved to court where he filed a libel case against the third-year University of Nairobi law student.
An Eldoret Court has ordered a University of Nairobi law student to pay a driver attached to Prophet David Owuor of the Repentance and Holiness Church Sh7.5 million for defamation.
This was after the court found the student guilty of cyberbullying.
Eldoret Chief Magistrate Dennis Mikoyan found Kevin Ndung’u guilty of cyber harassment, contrary to Act No. 5 of 2018 of the Cybercrime Act.
The Court awarded Benard Kagia, a driver attached to Prophet David Owuor of the Repentance and Holiness Ministry the money as compensation sought in the defamation case against Mr Ndung’u, an active social media guru.
The documents filed in court indicate that Mr Ndung’u questioned Mr Kagia’s family values and other related allegations.
Offended by the post which he termed as defamatory and harmful, the driver moved to court where he filed a libel case against the third-year University of Nairobi law student.
While delivering his ruling on the matter, the Chief Magistrate ruled that the words contained in the accused person's Facebook post were certainly defamatory.
“I accordingly find that the plaintiff is entitled to damages for defamation including the cost of the suit amounting to Sh7,512,700,” ruled Mr Mikoyan.
In his verdict, Mr Mikoyan called for courtesy among users of social media in the country, noting that cases of defamation through social media are increasing at an alarming rate.
“Defamation statements made through online platforms are bound to have serious legal implications and all users of digital space must be informed of legal consequences about such statements,” warned the magistrate.
Upon making the ruling, drama ensued in the court as the law student protested the hefty penalty slapped on him, saying that he could not raise the said amount as ordered by the court.
He told the court that he has no property or assets of his own which he can sell to raise more than Sh7 million to be paid to the plaintiff as directed by the court.
He implored the court to grant him 30 days to seek help from his parents and other relatives on how to settle the fine.
“I beg this court to grant me 30 days during which I can go home and talk to my parents and other relatives about how to pay the fine and settle the plaintiff as per the court order. I have no assets of my own because everything at home belongs to my parents," Mr Ndung’u told the court.
The court will give further directions on the matter on Wednesday, May 28.