Court Mandates Public Apology Amid Defamation Claims

NAIROBI – The Milimani Chief Magistrates Court has issued an interim order compelling a Kakamega-based blogger, Simon Asiviela, to issue a public apology to Lugari Member of Parliament Nabii Nabwera. The order, issued around Wednesday, November 12, 2025, stems from a series of social media posts that falsely implicated the legislator in the recent death of Munyuki High School Principal, Simon Isiaho Shange. This directive is the first major legal development in a larger KSh 60 million defamation lawsuit filed by the MP against three bloggers, accusing them of a coordinated and malicious online campaign designed to destroy his reputation and incite public violence against him and his family.

Through his lawyer, Danstan Omari, MP Nabwera filed three separate suits at the Milimani Commercial Courts, demanding KSh 20 million in damages from each of the three bloggers: Simon Asiviela, George Opunga Tamata, and Peter Amunga. Court documents state that prior to the lawsuit, demand letters were issued on November 8, 2025, requiring the bloggers to retract the posts, apologize, and offer compensation, but none complied. The lawsuit argues that the publications on Facebook pages, including 'Kakamega Post', 'Malava Online', and 'Lugari Watchdog', were not only false but constituted a violation of Section 23 of the Computer Misuse and Cybercrimes Act, which criminalizes the spread of false information intended to discredit a person.

A Principal's Death and a Political Firestorm

The case unfolds against the backdrop of a tragic and suspicious death that has gripped Kakamega County. Principal Simon Isiaho Shange was reported missing on Monday, November 3, 2025, after his vehicle was found wrecked near the Muge blackspot on the Eldoret-Malaba highway. He was reportedly on his way to collect Kenya Certificate of Secondary Education (KCSE) examination papers. His body was discovered five days later, on Saturday, November 8, 2025, floating in the Kipkaren River, several kilometres from the crash site.

The Directorate of Criminal Investigations (DCI) is officially treating the death as a homicide, with Western region police commander Issa Mohamud confirming that a team of experts is handling the case. The discovery of the principal's body sparked protests, with residents and students attacking the Lumakanda Police Station to demand justice. While a postmortem report indicated drowning as the cause of death, community leaders, including Kakamega Deputy Governor Ayub Savula, have publicly questioned this finding, demanding a more thorough investigation by national DCI officers to rule out foul play and local interference. Teachers' unions, including the Kenya National Union of Teachers (KNUT) and the Kenya Secondary Schools Heads Association (KESSHA), have condemned the killing and demanded heightened security for educators.

It was in the aftermath of the principal's disappearance and death that the online posts emerged, with headlines such as “Vanished After Defying the MP” and urging Nabwera to “Come Clean on the Death of This Teacher.” In his affidavit, Nabwera described the late principal as a personal friend and respected educator, stating the online accusations were “false, malicious, and politically motivated.” He claims the posts led to tangible threats, with online users calling for the occupation and destruction of his home in Lugari.

The Intersection of Law, Politics, and Digital Media

MP Nabwera contends the alleged smear campaign is directly linked to his recent, and highly contentious, election as the Orange Democratic Movement (ODM) party chairman for Kakamega County. The party elections in early September 2025 resulted in a fractured leadership, with both Nabwera and Kakamega Governor Fernandes Barasa declaring themselves the legitimate chairman, creating two rival factions. Nabwera's camp has accused the governor's side of using intimidation to influence the polls, a claim Governor Barasa denies. This political rivalry, Nabwera argues, provides the motive for using the principal's tragic death to tarnish his name.

This case serves as a critical test for Kenya's legal framework on digital speech and defamation. The use of the Computer Misuse and Cybercrimes Act of 2018 has been controversial, with free speech advocates arguing that it has been used by politicians to stifle dissent and reintroduce criminal defamation, which was declared unconstitutional in 2017. Legal analysts and media organizations have noted a rising trend of politicians and public figures filing high-value defamation suits against journalists and bloggers, creating a potential 'chilling effect' on investigative reporting and public scrutiny. The outcome of Nabwera's KSh 60 million suit, and whether the bloggers comply with court orders, will be closely watched as a precedent for balancing freedom of expression against the protection of individual reputation in an increasingly digital and politically charged Kenya. As of Thursday, November 13, 2025, it remains unconfirmed if the blogger has issued the court-ordered public apology. FURTHER INVESTIGATION REQUIRED.