A prison warder arrested last week from Kamiti Maximum Prison has been charged with publishing false information linking the Executive to the abduction of government critics.
Mr Jackson Kuria Kihara, alias Cop Shakur, on Monday faced charges of publishing false information on X and committing cybercrime offences.
“…. under which law? This CS is an upcoming dictator. He is the one responsible for the abductions together with Ruto….” the post, published on January 11, 2025, reads in part.
The charge further claimed that the warder knew that the said false information was calculated to cause panic among the citizens of Kenya.
Mr Kihara was charged with publishing false information contrary to section 23 of Computer Misuse and Cybercrimes Act No.5 of 2018, Chapter 79C.
Upon conviction, Mr Kihara is liable to a fine not exceeding Sh5 million or a jail term not exceeding 10 years.
The accused denied the charges before Milimani Chief Magistrate Lucas Onyina, and lawyers James Ong’amo and Ian Mutiso applied for his release on bond.
“I urge this court to release the accused on a reasonable cash bail/ bond terms. He is a civil servant and a member of the disciplined force who knows the consequences of skipping bond and failing to turn up for trial when required,” Mr Ong’amo pleaded.
The prosecution did not oppose Mr Kihara’s bail plea but asked the court to take into account the current incidents where social media is being used to depict the government in bad light.
However, the defence lawyers rebutted that submission saying there is freedom of expression and the charge against the accused does not mention any names to warrant the imposition of stringent bail terms.
Mr Mutiso asked the magistrate to consider that the accused was arrested after the social media lit up, with users castigating the sporadic abductions of government critics.
In a brief ruling, the magistrate released the accused on Sh100,000 bond with an alternative cash bail of Sh50,000 until February 17, 2025 when the case will be mentioned for pre-trial directions.
Mr Kihara, who allegedly participated in the June 2024 anti-government protests that left several critics of the Kenya Kwanza administration killed, scores abducted and property running into millions of shillings destroyed, had been detained at Muthaiga Police Station since January 16,2025.
He was arrested a few days after the Interior Cabinet Secretary Kipchumba Murkomen warned that those abusing the social media platforms will face the wrath and full force of the law.
He was picked up from his Kamiti Maximam Prison Staff Quarters by officers from the serious crimes unit (SCU) of the directorate of criminal investigations (DCI) on January 15.
