A prison warder who allegedly participated in the June 2024 anti-Finance Bill protests that left several critics of the Kenya Kwanza administration killed, scores abducted and property running into millions of shillings destroyed has been arraigned for allegedly inciting mutiny.
The warder, Jackson Kuria Kihara, is also accused of publishing false information on his X account christened Shakur the Cop @CopShakur.
Mr Kihara was arrested a few days after Interior Cabinet Secretary Kipchumba Murkomen warning that those abusing the social media platforms will be prosecuted.
He was arrested on January 15, 2025 from his Kamiti Maximum Prison Staff Quarters by officers from the Serious Crimes Unit (SCU) of the Directorate of Criminal Investigations (DCI).
He was presented before Milimani Chief Magistrate Lucas Onyina on January 16, 2025.
On Thursday, the prosecution asked Mr Onyina to detain Kihara for 21 days to enable the DCI to investigate the case.
“DCI officers are investigating Kihara for offences of inciting mutiny contrary to Section 23 of the Penal Code CAP 63 Laws of Kenya and publication of false information contrary Section 23 of the Computer misuse and cybercrime Act,” state prosecutor James Gachoka told the magistrate.
Mr Gachoka and Duncan Ondimu, for DPP Renson Ingonga, stated the warder had allegedly been posting false information and inciting other members of the disciplined force.
Mr Gachoka stated the various false social postings “pose a serious threat to national security and are insightful to other members of the disciplined services.”
The court was told that the suspect has a vast knowledge on the use various firearms hence “he has the capacity to interfere with witnesses.”
“That due to the bulky nature of the expected data and digital evidence involved, examined and comprehensively analysed there is need to detain the suspect to facilitate the ongoing investigation,” Mr Mutinda states in a supporting affidavit to the application for detention of the warder.
Mr Kihara, who joined the Correction Service Department of the Kenya Disciplined Forces in 2019, is being defended by lawyers Ian Mutiso and James Ong’amo who opposed the 21 days’ detention request by the DCI, saying no valid reasons had been given.
Mr Mutiso said when the warder was arrested, he was held incommunicado until January 16, 2025 when he and Mr Ong’amo met him in court.
Mr Mutiso said the warder was whisked away from his Kamiti Maximum Prison staff residence then booked at Muthaiga Police Station under OB 56/15/01/2025.
The lawyers requested the court to free the warder on a cash bail of KSh1,000 just like Busia Senator Okiya Omtatah and 22 others who were arrested and detained for participating in a peaceful demonstration recently. Mr Onyina reserved his ruling on the police plea to detain the suspect for 21 days.
