The ruling, delivered by Senior Principal Magistrate Stephen Onjoro, found that a public notice issued by the board on August 20, 2014, was false and damaging to Abala’s reputation.
The notice, which appeared in a national newspaper, stated that Abala was no longer associated with the board and warned the public against engaging with him in any official capacity.
While the board argued that the announcement was made in good faith to protect the public, Abala maintained that it was malicious, humiliating, and hindered his professional opportunities.
Magistrate Onjoro examined the content of the notice carefully and concluded that it contained defamatory statements.
He observed that suggesting Abala was untrustworthy and potentially harmful to the public directly undermined his social and professional standing.
The judge noted that a reasonable person reading the notice would perceive Abala as unreliable, which could damage his career and personal reputation.
The court highlighted that defamation occurs when statements are false and injurious, regardless of the issuer’s intent to protect others.
In this case, the board’s notice went beyond simply informing the public; it portrayed Abala as a threat, creating a negative perception that was untrue.
In awarding Sh5 million in damages, the court considered the emotional distress, embarrassment, and loss of opportunities that Abala suffered due to the publication.
The ruling sends a clear message that organizations must exercise caution when issuing statements about former employees, ensuring that facts are accurate and fair to avoid harming individuals’ reputations.