'Where's my justice?' Man criticises DPP for dropping cyberbullying case without his knowledge
A man has questioned why the Office of the Director of Public Prosecution has dropped a cyberbullying case.
What you need to know:
- Psychiatric expert Joseph Iregi had filed a police complaint in 2023 after a defamatory tweet on X platform targeted his character.
- Based on the evidence presented, the DPP had initially recommended that the four women be charged with cyber harassment.
- However, the case took an unexpected turn on November 14 when Mr Iregi was informed by the investigating officer that the DPP had successfully applied to withdraw the charges.
The Director of Public Prosecutions (DPP) Renson Ingonga is on the spot for the abrupt withdrawal of a cyberbullying case in Nakuru, just two days after the accused had pleaded in court.
The case, which had been under investigation for a year, was suddenly dropped, leaving the victim of the cyberattack stranded.
Psychiatric expert Joseph Iregi had filed a police complaint in 2023 after a defamatory tweet on X platform targeted his character.
The tweet, posted by 20-year-old student Esther Ambrose from Egerton University, accused him of sexual assault.
In his statement to the police, Mr Iregi said that the tweet was part of a conspiracy by his work place rivals to ruin his professional reputation. The accusations were so damaging that he was forced to step down from his role as CEO of the organisation, pending the outcome of the case.
Investigations later revealed that the student had received the defamatory message in the form of a screenshot from her friend Elizabeth Walela, who in turn had received it from another friend, Yvonne Njoki.
All three women were linked to Mr Iregi through their regular visits to a psychosocial support organisation in Nakuru where he worked.
The three were listed as accused persons along another woman, Matilda Ochanda, in the charge sheet presented to the court on November 4. Ochanda, who had been an intern at the organisation, was allegedly part of the conspiracy to defame Iregi.
The police investigation uncovered several pieces of evidence, including letters of apology from some of the women involved.
In the letters, Ambrose, the woman who initially posted the tweet, claimed she had been misled into doing so while Walela admitted to sharing false information with her friends.
Based on the evidence presented, the DPP had initially recommended that the four women be charged with cyber harassment.
The women, who were out on Sh10,000 police bail at the time, were summoned to appear before court to plead to the charges. On November 4, the women appeared before the court with Walela and Njoki pleading not guilty.
Nakuru Chief Magistrate Bildad Ochieng issued arrest warrants for Ochanda and Ambrose and scheduled the next hearing for November 18.
However, the case took an unexpected turn on November 14 when Mr Iregi was informed by the investigating officer that the DPP had successfully applied to withdraw the charges.
A court order issued on November 14 officially withdrew the case under Section 87(a) of the Criminal Procedure Code and discharged the suspects.
In protest, Mr Iregi, through his lawyer Steve Imbwaga Mukhogosi, expressed his disappointment with the prosecution's decision, criticising the DPP for not providing a clear reason for the withdrawal.
"The prosecution claimed to have exercised their powers under Article 157 to discontinue the case," Mr Mukhogosi said. The lawyer has since lodged a formal complaint with the DPP’s office demanding that the case be reopened.
Mr Mukhogosi argued that Mr Iregi, as the complainant, was entitled to be informed about the progress of the case under the Victims Protection Act of 2014.
“I hereby lodge our client’s dissatisfaction and a formal complaint against your office as to the manner in which the matter has been handled thus far and the hasty withdrawal thereof; considering that this is a matter your office had previously recommended the charges against the accused persons,” the November 18 letter reads.
Mr Iregi has also demanded a proper explanation for the sudden withdrawal, which he claims has caused him further distress.
When contacted for comment, Tom Imbali, the Rift Valley Regional Coordinator of the ODPP, said he needs time to review the file before giving an official response.
