A former ODM MP was ordered to pay a nominated lawmaker for uttering a sexual slur during a political rally.
Justice Alfred Mabeya sitting at the High Court in Meru on January 31, 2020 ruled in favour of Marsabit Nominated MCA Zamzam Hussein and awarded her damages to the tune of Ksh 600,000 in a case that had dragged on for five years.
The judge, in qualifying his ruling, stated that the nominated MCA had sufficiently proved that Former Laisamis MP Joseph Lekuton had insulted her during a political rally.
The Jubilee MCA stated that the former legislator had referred to her as a commercial sex worker while she was preparing a group of 50 women who wanted to present gifts during the rally.
Lekuton asked Arigele, in the local Samburu Dialect: "Inyoo eesita malayi tene (What is this commercial sex worker doing here) ?"
In arguing her case, the nominated MCA stated that the comments disparaged her character personally and professionally.
She further stated that as a leader in a highly conservative pastoralist community, she suffered considerable distress following the utterance.
Lekuton unsuccessfully tried to file a counterclaim but it was ultimately rejected by the judge who stated that Arigele had adequately proved her case.
“I hold that the defendant did utter the words complained of. That the said words were defamatory and they referred to the plaintiff. Accordingly, the plaintiff did on a balance of scale prove her case against the defendant," the judge ruled.
As the country moves towards greater women representation in leadership, the question of how female legislators are treated in contrast to their male counterparts will fall under scrutiny.
A gender analysis report done following the 2017 General Election highlighted that women vying for leadership are often the subject of gender-based propaganda.
