SIAYA: Imagine posting a statement on your Facebook account during campaigns about an MCA candidate you don’t like—then kaboom—from that post, you’re slapped with a staggering Sh2.5 million penalty.

Peter Odhiambo Owiti, who vied for the North Gem Ward seat in 2022, filed a defamation case against Dorothy Oluoch, the owner of the Facebook account “Dotty Nyar Kingi,” after she posted remarks he deemed defamatory.

The post read: “Jamecho kaka magi wang, uru gi tire mar mtoka e chiro kodiaga kanyo… You want to vie for an MCA post yet you conned an elderly woman of 74 years, Ikawo MSHWARI LOAN e sim dayo, ifuliza e simb dayo ma iloko pesane te manie Mpesa. Awuoro ka magi e jotelo ma onego wabedgo. Nyasach polo onenie gi kumabor. Mercy Baridi Kwer bwanano kinenonago.”

According to a translation provided by the Siaya Court administrator, the post implied that Owiti was “an extortionist, the type to be set ablaze at Kodiaga Market using a motor vehicle tyre.” It also accused him of swindling an elderly woman by taking a Mshwari loan from her phone and withdrawing all her money via M-Pesa.

After reviewing the testimony and submitted evidence, Siaya Magistrate Jacob Mkala ruled in favour of the plaintiff, awarding Owiti Sh2.5 million in damages.

“The Defendant shall pay to the Plaintiff general damages of Sh2,000,000 and shall further pay exemplary damages assessed at Sh500,000,” Mkala ruled in his seven-page judgment.

The court also directed Dorothy to permanently delete the defamatory content from all her social media platforms—including Facebook—and to issue an unequivocal public apology to the plaintiff using the same platforms.

Magistrate Mkala emphasized that while social media provides a platform for expression, it must be used responsibly.

“Social media is both a blessing and a curse. It should be used responsibly, or it could land someone in serious legal trouble, just like the Defendant in this case. Freedom of speech is not absolute—it ends where another person’s rights begin,” he said.

He concluded, “With freedom comes responsibility. You cannot just buy internet bundles or install WiFi and begin disparaging others without legal justification. The law will catch up with you—and you will suffer the consequences.”