Anerlisa Muigai ordered to pay Ksh. 2M compensation in defamation case

Keroche heiress Anerlisa Muigai has been ordered by the High Court to pay Ksh.2 million in compensation to businessman Ben Kangangi for allegedly defaming him in a social media post.

Muigai, in the 2018 post, claimed that Kangangi approached her with a business proposition to supply electric cables to the government. Kangangi had allegedly won the tender but needed Ksh.20 million to obtain the products.

The Nero CEO claimed that she could only gather Ksh.7 million at the time, advising Kangangi to obtain the rest from another source.

“2 days later Ben told me that his friend knew a financier but the financer did not know Ben personally. The financier was known for asking for heavy collateral which Ben did not have and since I had a stronger standing socially and businesswise, I could borrow money on his behalf,” Muigai wrote.

She would reportedly later meet the financier, one Dennis Mwangeka, who, through his company lent out the remaining amount in less than a week without asking for any collateral.

Muigai claimed that she made it clear that she was borrowing money on behalf of Kangangi but Mwangeka claimed to not even know him.

Mwangeka, would three days later, allegedly call Muigai demanding security for the disbursed funds, upon which she delivered two vehicles surrendered to her by Kangangi.

However, Mwangeka reportedly demanded security in the form of a vehicle registered under Muigai’s name or that of her company, to which she obliged.

“So in the second week of being given the money is when Dennis started demanding for his money as I had stated to return the money within a week. Ben had promised the same but his phone went unanswered when I called him,” Muigai wrote.

“In the same week of calling Ben, I was informed that Ben and Dennis had been seen together yet Dennis had told me that he did not know him.”

Sensing that something was amiss, Muigai took the matter to court. Kangangi was held in Pangani Police Station until he agreed to sign off the money that Muigai had taken under her name to be under his name and also return her money which he eventually agreed to.

Kangangi allegedly paid Ksh.5 million to Muigai when he was released from custody, leaving a Ksh.2 million balance, with Mwangeka later instructing her to withdraw the case.

When he appeared before Justice Said Chitembwe, Kangangi argued that following the post by Muigai, a number of publications printed the story without knowing the specifics of what transpired, thereby tarnishing his reputation in the process.

“I am satisfied that in the absence of any contrary evidence, the plaintiff was defamed as the evidence on record does prove that the plaintiff’s character was negatively affected,” Chitembwe said in his ruling.

“I do find that a global award of Ksh.2 million shall be adequate compensation for the plaintiff.”