Top Presidential advisor Harriet Chiggai wins KSh1.5M over sexual WhatsApp slander

President William Ruto’s Special Advisor on Women Rights has won a landmark sexual slander case emanating from a professional WhatsApp Group post.

The advocate of the High Court and former Law Society of Kenya (LSK) vice chairperson Harriet Chiggai sued a member of a WhatsApp group, Western Jurists Forum, where she is also an Administrator, after he made a comment that tainted her reputation.

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The group brings together Advocates of the High Court of Kenya, legal and governance experts, jurists and policy makers to facilitate efficient and seamless information sharing and dissemination and intellectual discourses between the members, of whom the accused is amongst.

The accused, Ignatius Muhatia, had claimed in his post that Chiggai, had risen to influential positions by trading her body, comments that did not go down well with her.

According to court documents, Muhatia made the disparaging remarks on March 22, 2023 following a discussion on how First Lady Rachel Ruto had adopted some 200 acres of Kakamega forest in her bid to contribute to environmental conservation.

Making his contributions, Muhatia had indicated that Kenyans would have expected the First Lady to do the same in North Eastern instead of Kakamega forest.

And while responding to another group member, Chiggai had sought to explain and enlighten how one could adopt a section of a forest and the role that the Kenya Forest Service plays.

“Yes you can you can, what it means you apply to adopt the portion, fence it off or hire guards to ensure the number of trees you plant are sustained to maturity… plant more trees and earn your carbon credits and safeguard the environment,” she explained.

Muhatia responded to that explanation saying: “This is wanton land grabbing, why can’t you allow local poor people to adopt?”

Chiggai responded saying: “Get your facts right.”

Other advocates also sought to enlighten Muhatia arguing that as a counsel, he should get his facts right before making certain statements. 

However, Muhatia went ahead and question Chiggai which facts she was talking about.

To this, Chiggai responded by telling him not to be lazy and argue like a toddler.

 “As an advocate stop being lazy and get your facts right. Just yelling like a two-year old to get mileage for whatever reason adds no value. You exhibit such laziness for a professional,” she responded.

“…you cannot fool this son of Mulembe … why are you bitter and reasoning like a 99-year-old Kukhu (grandmother)? That’s ignorance and laziness of the highest order I say. Am not a pushover politician but let me get mileage out my reasoning and not by trading my body for positions you are lucky madam,” Muhatia shot back.

Through her lawyer, Edgar Busiega, she told the court that the phrase “trading my body for positions” was a clear attack on her professional growth and a further jab at disregarding her morality by promoting the false and malicious idea that she got her positions due to issuing sexual favours.

Busiega told the court that the statement was malicious and a misleading notion on Chiggai’s character, integrity and persona as a whole exposing her to contempt and ridicule.

In its ruling, the court found that Muhatia’s words not only caused annoyance, they also lowered her reputation before the over 1000 members of the WhatsApp group and that he defamed her.

“The defendant did not adduce any evidence to proof that plaintiff uses her body to get position of authority. The statement was therefore false. The defendant therefore is legally at fault in making the statement and the plaintiff suffered,” the court ruled.

“I will therefore award her general damages of KSh 1, 500, 000,” ruled the judge.

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