The High Court in Nairobi has awarded Senator Erick Okong’o Mogeni and his wife, Lady Justice Jacqueline Mogeni, a total of Sh 6.5 million in damages after finding Nation Media Group liable for publishing a defamatory article in the Sunday Nation.
In a judgment delivered by Justice Janet Mulwa on September 25, 2025, the court held that Nation Media defamed the couple in a November 2021 article titled “Lawmaker pushes wife’s hiring as judge”.
The publication implied that Senator Mogeni abused his position as chair of the Senate’s Justice and Legal Affairs Committee to influence the appointment of his wife as a judge, alleging that she was coached and had prior access to interview questions.
The plaintiffs argued that the story was false, malicious, and injurious to their reputations as a serving Senator and a High Court judge. They sought an apology, damages, and an injunction against further defamatory publications.
After reviewing evidence and legal precedents, the court concluded that the article was defamatory, reckless, and malicious. Justice Mulwa ruled that while media freedom is constitutionally protected, it must be exercised responsibly and not at the expense of individuals’ reputations.
“The impugned article falsely imputed against the Plaintiffs serious and criminal conduct that ordinarily would invite penal sanctions, all without first verifying or justifying the facts,” the judge noted.
On damages, the court awarded Senator Mogeni Sh 5 million in general damages, while Lady Justice Mogeni was awarded Sh 500,000, noting that her claim was not as extensively supported by independent evidence. The couple was also granted Sh 1 million in exemplary damages jointly, bringing the total award to Sh 6.5 million.
The award will attract interest at court rates until full payment is made. Additionally, the court directed Nation Media to bear the costs of the suit.
The judge, however, dismissed the case against Nation Media’s editorial director Mutuma Mathiu, finding no sustainable cause of action against him personally.
This ruling reinforces the balance between press freedom and protection of individual reputation, highlighting the legal consequences of reckless and unverified reporting
