A city lawyer has been arraigned for posting tweets on his verified Twitter account that mocked the government of President William Ruto as a “biblical regime.”
Joshua Otieno Ayika is facing charges of subversive activities that are contrary to Section 77 (1) (a) of the Penal Code. He is accused of posting tweets on July 16 that could be considered harmful to Kenya’s public order and security. According to the prosecution, Ayika’s tweets suggested that the military would take over the government between Wednesday and Friday this week.
He is also facing an additional charge of publishing false information contrary to section 23 of the Computer Misuse and Cybercrime Act of 2018. The prosecution claims that his tweets were designed to cause panic and chaos among Kenyan citizens. Ayika has denied the charges before Chief Magistrate Francis Kyambia of the Makadara Law Courts and has asked for lenient bail conditions through his lawyers led by Senior Counsel Harun Ndubi.
The suspect’s phone, which he used to allegedly make offensive tweets, was confiscated rendering him unable to contact his family and lawyers for assistance. Despite seeking a court order for the release of the phone, the Deputy Director of Public Prosecutions opposed the application, citing the phone’s importance as evidence in the case. Additionally, he sought an order to prevent the suspect’s lawyer from posting on Twitter.
However, the lawyer argued that such orders could not be effectively monitored and enforced and would infringe on his client’s constitutional rights. The magistrate ultimately declined to release the phone or restrict the lawyer’s Twitter use, saying that the police could arrest and charge the suspect if he made unlawful statements. The suspect was released on bond and the trial is set to begin on January 25 next year.
The idiot must have a…
The idiot must have a watermelon brain, totally has no clue about law, but calling himself an attorney! You can’t make this stuff up, shear stupidity!