An Eldoret court has imposed a fine of Ksh.7.5 million on a third-year law student from the University of Nairobi due to a cyber harassment charge as stipulated in the Computer Misuse and Cybercrime Act No 5 of 2018.
The court awarded this amount to Benard Kagia, a driver associated with Prophet David Owuor of the Repentance and Holiness Ministry, following a defamation lawsuit he initiated against Facebook user Kevin Ndung’u Kiriga.
The conflict originated when the law student referred to Kagia as a prostitute in a Facebook post three years prior.
The court was informed that the student made an additional post on Facebook, indicating that the driver was incapable of supporting his family.
Reports indicate that Kiriga had accused Kagia of being unfaithful, a post that led to the dissolution of the marriage between the driver and his wife.
Feeling aggrieved by the post, which he deemed defamatory and damaging, the driver sought legal recourse by filing a libel case against the third-year law student from the University of Nairobi.
In his judgment, Eldoret Chief Magistrate Dennis Mikoyan stated that the statements made in the accused’s Facebook post were indeed defamatory.
While delivering the ruling, Mikoyan urged for civility among digital platform users, emphasizing that defamatory remarks made online could lead to significant legal consequences.
The student expressed his discontent regarding the substantial fine imposed on him, stating that he was unable to raise the specified amount as mandated by the court.
He informed the court that he possesses no property or assets that could be sold to generate the over Ksh.7 million required to be paid to the plaintiff as ordered by the court.
The case is scheduled to be revisited on May 28, 2025, for further instructions.
