The Office of the Director of Public Prosecutions (ODPP) has declined to approve cybercrime charges against Kitui-based blogger Emmanuel Maleve amid outrage over his arrest by police for critical reporting.
Mr Maleve was arrested in Kitui town on Thursday afternoon over an exposé he published on his blog on the alleged mismanagement of the National Government Constituency Development Fund (NG-CDF) in Kitui South.
Cybercrime detectives briefly detained him at Kitui Police Station before taking him to the Directorate of Criminal Investigations (DCI) headquarters in Nairobi for questioning.
But when the journalist was brought before the Milimani Law Courts on Friday morning to be formally charged, the ODPP rejected the charge sheet prepared by DCI officers, citing lack of evidence.
"The ODPP advised that there was no evidence to sustain such charges of publishing false information," said Mr Noel Musya, the lawyer representing Mr Maleve.
The blogger was facing two charges of publishing false information and cyber-bullying against Kitui South MP Rachel Kaki Nyamai, who lodged the complaint with the DCI.
A further attempt to remand him in police custody for 14 days pending investigation also failed after the ODPP refused to approve a miscellaneous application by DCI officers for lack of legal justification.
The blogger was subsequently released after more than 20 hours of detention, but police insisted that he post a cash bail of Sh50,000 before releasing him. They also confiscated his mobile phone.
The Media Council of Kenya and several leaders from the Ukambani region condemned Mr Maleve's arrest, while several local radio stations broadcasting in Kamba devoted their morning shows to calling for his immediate release.
Mr Maleve runs his own blog, Hopkin Digital .
The MCK said Mr Maleve's arrest was an eyesore as it coincided with the global observance of World Press Freedom Day 2025, a time dedicated to reaffirming the vital role of free and independent media and the obligation of governments to uphold this freedom.
"The circumstances surrounding Mr Maleve's arrest remain opaque. No official statements were recorded at either Kitui Police Station or the local DCI offices, raising serious questions about the legality and transparency of the process," read a statement released by MCK Chief Executive Officer David Omwoyo.
The MCK called on the DCI and the Inspector-General of Police to immediately investigate the circumstances that led to the journalist's arrest and take appropriate action.
Former Kitui governor Charity Ngilu condemned the arrest, saying the days when politicians could threaten, intimidate and even attempt to gag people from exercising their democratic rights to expression, association and movement are long gone.
Kisasi Ward MCA Nicholas Mutemi said leaders must be held accountable and answer the serious allegations against them rather than intimidating whistle-blowers and investigative journalists.
In one of his recent stories, Mr Maleve alleged various irregularities in the management of Kitui South NG-CDF. Efforts to get a response from the MP were unsuccessful as her phone went unanswered and she did not respond to text messages from the Nation .
Speaking shortly after his release, the blogger said police told him that the MP was the complainant and that he would be charged with publishing false information and cyberbullying.
He said the arrest came a few weeks after he was assaulted and beaten by thugs in Mutomo town. No one was arrested, although the matter was reported to the police.
On Friday, journalists in Kitui said the arrest set a dangerous precedent for journalists across the country as it was an attempt to gag the media.
"We demand the immediate release of Mr Maleve because there's nothing criminal or wrong for a journalist to report about corruption. Police should instead go after those stealing public money," said Mr Brian Mwangangi of County FM .
He said there are sufficient mechanisms in law to seek redress if anybody feels aggrieved by any media reporting – they can sue the journalist in a civil court.
“We view this arrest not just as an attack on one individual, but as an attack on the entire media fraternity,” said Peter Kasuva of Thome FM .
Activist Boniface Mwangi also demanded Mr Maleve's release, describing his arrest as an unlawful abduction.
