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Court awards former county employee damages for defamation

An Oyugis court has ordered the County Government of Homa Bay to pay one of its former workers, Richard Bonyo, Sh1 million in damages for defamation.

Bonyo, a former advisor for resource mobilization in the devolved unit, had sued the County Government for including his name in a list of “ghost workers” in 2024. He was mentioned as staff allegedly drawing salaries without providing services.

Resident Magistrate Cynthia Chepkoech Cheruiyot ruled that publishing the list with Bonyo’s name caused actual harm to his reputation.

“The information contained false and malicious allegations that the plaintiff was a ghost worker,” the court ruled.

Bonyo, who served in former Governor Cyprian Awiti’s administration, told the court his contract ended on September 1, 2022, after the new administration took over and was promptly struck off the payroll.

In May 2024, Governor Gladys Wanga’s administration hired Price Waterhouse Coopers to audit staff and cut the wage bill. A letter dated May 23, 2024, was sent to chief officers with a list of the alleged ghost workers, in which Bonyo’s name was in the list.

He said he did not understand how his name got there, and being named in the list made it hard to secure jobs. “I have attended several interviews, and I am told I am a ghost worker at the county,” he told the court.

In the suit, Bonyo also wanted the court to order the removal of his name from the ghost workers list and the county government to publicly apologize to him.

Former County Director of Human Resources, Charles Auma Modi, testified that Bonyo was a legitimate employee and that he held his exit documents.

Other former staff members also swore affidavits confirming Bonyo was actively at work.

On her part, the plaintiff’s wife told the court some acquaintances called them laughing after seeing the publication.

The court found that the matter caused emotional distress to Bonyo and his family and, although the plaintiff had sought between Sh8 million and Sh10 million, awarded him Sh1 million after considering the county’s defense.

The magistrate further issued a permanent injunction restraining the county, its agents, and employees from publishing further defamatory statements against Bonyo.

RM Cheruiyot also ordered the county to remove Bonyo’s name from the ghost workers list and from any media platform where it appears. The county government was given 30 days to comply.

By Davis Langat

 

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