- A reckless WhatsApp post landed social media star Enchui Ensacha in hot water, costing him KSh 2.5 million for defaming MP Irene Mayaka
- Nyaega was found guilty of making defamatory remarks in a video posted on July 25, 2023
- The video, widely shared in WhatsApp groups, implied that Mayaka was not nominated to the National Assembly on merit
A magistrate’s court in Nyamira has ordered a social media influencer to pay nominated MP Irene Mayaka KSh 2.5 million for defamation.
The decision follows a reckless WhatsApp post by the influencer, Wycliff Asuga Nyaega, known online as Enchui Ensacha.
Nyaega was found guilty of making defamatory remarks in a video posted on July 25, 2023.
The video, widely shared in WhatsApp groups such as ‘Nyamira News and Updates,’ which includes Ms. Mayaka among its 457 members, implied that Mayaka was not nominated to the National Assembly on merit.
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The video also appeared on Nyaega’s YouTube channel, ‘Enchui Ensacha TV,’ which has over 100,000 subscribers.
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Ms. Mayaka filed the defamation suit on September 1, 2023, after Nyaega failed to appear in court to defend himself despite being summoned.
Resident Magistrate Beniah Okong’o Odhiambo ruled in favor of Ms. Mayaka, ordering Nyaega to pay KSh 2 million in general damages and an additional KSh 500,000 in exemplary, punitive, and aggravated damages.
The court also mandated that Nyaega remove all defamatory content from social media and issue a public apology on the same platforms where the false statements were published.
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Magistrate Odhiambo cited the precedent set in Richard Otieno Kwach vs The Standard Limited & David Makali Nairobi HCCA No.1099 of 2004, stating that words are defamatory if they reflect negatively on the personal character or official reputation of the plaintiff.
