YouTuber Enchui Ensacha Fined Sh2.5M for Defaming MP Mayaka
A careless post in a WhatsApp group can not only get you into serious trouble but also be very costly, as evidenced by the recent case involving Wycliff Asuga Nyaega.
Mr. Nyaega, also known as Enchui Ensacha, a YouTuber and member of a WhatsApp group in Nyamira County, was ordered to pay Sh2.5 million to nominated Member of Parliament Irene Mayaka for defamation.
He was found guilty of making defamatory statements in a video on July 25, 2023, which damaged the MP’s reputation.
The video was widely shared in various WhatsApp groups, including ‘Nyamira News and Updates’ with 457 members, where Ms. Mayaka is also a member.
Mr. Nyaega further shared the defamatory clip in other WhatsApp groups such as ‘The Future of Nyamira County’, ‘Nyamaiya & allied forum’, and ‘Egetureri Kiomogusii’, each having at least 400 members.
The defamatory video was also posted on his YouTube channel, ‘Enchui Ensacha TV’, which has over 100,000 subscribers.
Ms. Mayaka filed a defamation suit at the Nyamira Magistrate’s Court on September 1, but Mr. Nyaega did not appear in court to defend himself despite being summoned.
Resident magistrate Beniah Okong’o Odhiambo reviewed the case and determined that the ODM lawmaker’s complaint was valid.
The court meticulously examined the statements, video, and exhibits presented by the plaintiff, concluding that the statements were indeed defamatory and intended to harm the plaintiff’s reputation.
As a result, the magistrate ordered Mr. Nyaega to pay Sh2 million in general damages and an additional Sh500,000 in “exemplary, punitive and aggravated damages”.
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The court also granted Ms. Mayaka’s request to prevent Mr. Nyaega from making further defamatory statements, instructing him or anyone acting on his behalf to remove all defamatory content from social media.
Additionally, the court mandated that he issue an apology on the same platforms where the defamatory statements were made.
The magistrate reiterated that defamatory words damage an individual’s personal character or official reputation.
Defamation law protects individuals from damage to their reputations caused by false and harmful statements.
Article 33 (1) (a) of the Kenyan Constitution grants everyone the right to freedom of expression, including the freedom to seek, receive, and impart information and ideas.
However, Clause 3 of the same Article requires that in exercising the right to freedom of expression, everyone must respect others’ rights and reputations.
The magistrate highlighted that “reputation is a crucial part of individual dignity, and once tarnished by false allegations, it can be permanently damaged, especially without a chance for vindication.”
YouTuber Enchui Ensacha Fined Sh2.5M for Defaming MP Mayaka