Kenyan Lawyer Faces Court for Provocative Tweets on Military Takeover
A city attorney has been indicted for tweets mocking President William Ruto’s administration as a “biblical regime” and suggesting that the military will rule for 90 days before new elections.
Mr. Joshua Otieno Ayika has been charged with subversive activities in violation of Section 77 (1) (a) of the Penal Code. He is accused of posting subversive, anti-public order and security statements on July 16.
The postings on Mr. Ayika’s verified Twitter account allegedly indicated that the military would likely seize control of the government between Wednesday and Friday of this week. He is also charged with publishing fraudulent information in violation of Section 23 of the Computer Misuse and Cybercrime Act of 2018.
In this charge, he is accused of posting information predicting that the military will seize control of the “Biblical Regime” before the scheduled elections in 90 days, words that the prosecution claims were intended to incite panic and disorder among Kenyan citizens.
Before Chief Magistrate Francis Kyambia of the Makadara Law Courts, he denied the charges and, through his attorneys headed by Senior Counsel Harun Ndubi, requested lenient bail conditions.
ALSO READ: President Ruto Extends One-On-One Meeting Invitation to Raila
Contacting his relatives
The attorneys argued that on July 20, Mr. Ayika was apprehended and his cell phone was confiscated, preventing him from contacting his family and attorneys for assistance.
Joseph Riungu, Deputy Director of Public Prosecutions, opposed their application for a court order to release the phone.
Riungu stated that the suspect used the phone to send the allegedly objectionable tweets, and the phone was listed in the case as evidence. Mr. Riungu requested a court order prohibiting the attorney from tweeting.
Mr. Ndubi opposed the application, arguing that Mr. Riungu’s requested mandates could not be monitored and enforced. In addition, he stated that they constituted a violation of his constitutional rights.
Mr. Kyambia refused to order the release of the mobile phone and also failed to prevent Mr. Ayia from tweeting. The magistrate stated that the police could apprehend and charge the suspect at any time if he made illegal statements.
Mr. Ayika was released on a Sh200,000 bond with a Sh200,000 surety and a Sh100,000 cash bail as an alternative. The case will be mentioned on September 12 before the start of the trial on January 25 of next year.
Kenyan Lawyer Faces Court for Provocative Tweets on Military Takeover
