Activist Morara Kebaso arraigned over social media post about Ruto, tycoon DL Langat

Activist Morara Kebaso on Tuesday failed to plead to a cyber-harassment charge after his lawyers fought it, saying the charge sheet is defective.

The charge sheet reads:

“On the 28th day of September, 2024...@MoraraKebasoSnr, knowingly without lawful excuse, posted false information... William Ruto approached DL Langat and told him he desperately needs more money for campaign. DL Langat used his properties as security and took big loans to help his friend. Right now DL Langat is being auctioned by banks and the person who is buying the properties is William Ruto. To make it worse William Ruto has used his power to undervalue the properties to buy them at a cheaper price. That is the kind of person we are dealing with. He has no friend’... content whose information you knew to be false and calculated to tarnish & discredit the reputation of one David Langat.”

Defence lawyers Martha Karua, Willis Otieno, Erick Theuri and Njiru Ndegwa argued that the allegations by the complainants, businessman David Langat, constitute a civil claim for compensation, since he alleges defamation, and not cyber harassment.

"I urge this court to reject the charge as it does disclose an offence," Senior Counsel Martha Karua told Milimani Chief Magistrate Lucas Onyina.

"The charge states it is cyber harassment but the statement of facts of the charge talks about defamatory allegations against President William Ruto and DL Langat," Mr Otieno submitted.

Ms Karua said the court should not entertain the police behaviour of detaining suspects on charges that do not hold any water.

But the prosecution opposed the request, saying the charge sheet was proper.

In his ruling, Mr Onyina freed Mr Kebaso on a cash bail of Sh50,000 pending a determination on the legality of the charge.

He will rule on October 4 whether Mr Kebaso will be called upon to plead to the charge preferred by prosecution.