Court fines Student 7.5m for defamation on Facebook

Punitive damages are discretionary, and sometimes the judicial officers are
prejudiced based on the case. Imagine, just if, the judicial officer is a
member affiliate of the Repentance and Holiness Ministry.

*Kind regards,*

*Ochieng A. Ogango*

*Advocate, LLB (Hons), CPM(M.T.I)*

On Thu, May 29, 2025 at 4:38 PM Ali Hussein via KICTANet <
[email protected]> wrote:

> Twahir
>
> Agreed. This punitive fine must be seen in light of the GenZ Movement.
>
> Regards
>
> *Ali Hussein*
>
>
> Fintech | Digital Transformation
>
>
> Tel: +254 713 601113
>
> Twitter: @AliHKassim
>
> LinkedIn: Ali’s Profile <ke.linkedin.com/in/alihkassim>
> <ke.linkedin.com/in/alihkassim>
>
>
>
>
>
>
>
>
>
> Any information of a personal nature expressed in this email are purely
> mine and do not necessarily reflect the official positions of the
> organizations that I work with.
>
>
> On Wed, May 28, 2025 at 5:27 PM Twahir Hussein Kassim via KICTANet <
> [email protected]> wrote:
>
>> 😁 I guess Tyson really misses the ring!
>>
>> On a serious note, there should be a way to protect both the offended and
>> the offender. We have a saying in Kiswahili, “Mwana akinyelea paja,
>> halikatwi, huoshwa!” 😄 (literally translates to “When a baby poopoos on
>> the lap, it isn’t cut off, it’s washed!”.
>>
>> Thus going by the saying, the 7.5m, to borrow the Swahili saying… “ni
>> kukata paja!” (is cutting off the lap), why not wash it?
>>
>> THK
>>
>> On Wed, May 28, 2025 at 4:38 PM Ali Hussein <[email protected]> wrote:
>>
>>> Twahir and all
>>>
>>> Let me share a quote from I think one boxer – Mike Tyson
>>>
>>> Mike Tyson has publicly voiced frustration with social media abuse,
>>> stating that *it has made people “way too comfortable with
>>> disrespecting people and not getting punched in the face for it,” *according
>>> to a post on Instagram <www.instagram.com/p/DCSkQPQxbRP/>. He
>>> has used his platform to express his disapproval of online negativity and
>>> the ease with which people can engage in abusive behavior.
>>>
>>> There are always two sides (or even more!) of a story.
>>>
>>> Regards
>>>
>>>
>>> *Ali Hussein*
>>>
>>>
>>> Fintech | Digital Transformation
>>>
>>>
>>> Tel: +254 713 601113
>>>
>>> Twitter: @AliHKassim
>>>
>>> LinkedIn: Ali’s Profile <ke.linkedin.com/in/alihkassim>
>>> <ke.linkedin.com/in/alihkassim>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Any information of a personal nature expressed in this email are purely
>>> mine and do not necessarily reflect the official positions of the
>>> organizations that I work with.
>>>
>>>
>>> On Wed, May 28, 2025 at 3:49 PM Twahir Hussein Kassim via KICTANet <
>>> [email protected]> wrote:
>>>
>>>> Listers,
>>>>
>>>> This case raises critical questions about digital rights, responsible
>>>> online speech, and fair legal penalties. While defamation laws protect
>>>> individuals, a KSh 7.5M fine for a student seems excessive and may set a
>>>> worrying precedent.
>>>>
>>>> Digital literacy is essential to help users understand the consequences
>>>> of online statements, but courts must also ensure that penalties are
>>>> proportionate. Should alternative remedies—such as structured compensation
>>>> or public corrections—be considered in cases involving young individuals?
>>>>
>>>> Balancing accountability and fairness is key to fostering responsible
>>>> digital discourse without imposing undue burdens. As internet governance
>>>> evolves, justice must remain accessible and reasonable for all.
>>>>
>>>> My 2 cents
>>>>
>>>> Twahir
>>>>
>>>> On Wed, May 28, 2025 at 3:29 PM Innocent Muteshi via KICTANet <
>>>> [email protected]> wrote:
>>>>
>>>>> Not really it’s okay it serves as a good lesson to those who love
>>>>> defaming people aimlessly.
>>>>>
>>>>> On Wed, May 28, 2025, 10:41 AM Mwendwa Kivuva via KICTANet <
>>>>> [email protected]> wrote:
>>>>>
>>>>>> Is this defamation judgement excessive?
>>>>>>
>>>>>> A third-year law student at the University of Nairobi, Kevin Ndung’u,
>>>>>> has been ordered by an Eldoret court to pay KSh 7.5 million in damages for
>>>>>> defaming Benard Kagia, the driver of Prophet David Owuor of the Repentance
>>>>>> and Holiness Ministry. The defamation case arose after Ndung’u made
>>>>>> Facebook posts accusing Kagia of infidelity and claiming he could not take
>>>>>> care of his family, which reportedly led to the breakdown of Kagia’s
>>>>>> marriage.
>>>>>>
>>>>>> Kagia filed a libel case, arguing the comments were harmful and
>>>>>> defamatory. Chief Magistrate Dennis Mikoyan ruled in Kagia’s favor, stating
>>>>>> that the statements were indeed defamatory and emphasizing the serious
>>>>>> legal consequences of making such remarks online. Ndung’u protested the
>>>>>> hefty fine, telling the court he had no assets or property to pay the
>>>>>> amount ordered. The matter is set for further directions on May 28, 2025.
>>>>>>
>>>>>>
>>>>>> nation.africa/kenya/counties/uasin-gishu/uon-student-sh7-5m-fine-for-defaming-prophet-owuor-driver-5059120
>>>>>>
>>>>>> Best Regards
>>>>>> ______________________
>>>>>> Mwendwa Kivuva
>>>>>> www.linkedin.com/in/mwendwa-kivuva
>>>>>>