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Allan Wadi charged with incitement to violence

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Allan Wadi charged with incitement to violence

Allan Wadi Okengo was charged with incitement to violence in a Nairobi court yesterday. It is alleged that he incited people in a Facebook post he made last week.

Allan Wadi

Mr. Wadi made the comment regarding the request by the national government to Mombasa Governor Ali Hassan Joho to return three firearms in his possession.

Article 33 of the Constitution sets out the limits of freedom of expression. They are

  1. Advocacy to hatred
  2. Hate speech
  3. Incitement to violence
  4. Propaganda to war

Allan Wadi was freed on a sh50,000 cash bail. He however did not have the cash and is remanded at industrial area prison.

It is not the first time for Allan Wadi to find himself in trouble for similar offences. In January 2015, he was jailed for two years for posting hate messages on Facebook. He was given one year each for hate speech and undermining the authority of a public officer over comments he made on Facebook.

He was however freed eight months into serving his sentence after a lawyer, Edward Oonge argued for his release.

Mr. Oonge was unaware that his former client is again in trouble.

The case will be heard on April 22.

Martha Miano arraigned in court facing four counts of posting annoyance messages on Facebook

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Martha Miano arraigned in court facing four counts of posting annoyance messages on Facebook

Martha Wanjiru Miano was arraigned in court on Monday facing four counts of posting annoyance messages on Facebook. She appeared before Principal Magistrate Desiderius Orimba where she denied all the charges.

The court heard that Miano, 25, posted an update on Facebook alleging that Governor Nderitu Gachagua’s brother, Rigathi Gachagua had hijacked Mathira water community project by procuring and financing goons and a local MCA. She allegedly committed the offence on December 29, 2015 at unknown place in Kenya.

In the second count, she was charged with referring to Rigathi as ‘a gun for hire and a political broker’. She had alleged that Rigathi was sabotaging development projects in Mathira constituency.

The court further heard that, Miano posted a message indicating that the Governor’s brother was ‘known for dirty politics’. She had alleged that Rigathi was dishing out money to residents gained from coffee farmers. It is alleged that she committed the second and third offences on December 30, this year.

In the fourth count, the court heard that the accused person posted a statement alleging that the complainant, Rigathi, was inciting locals and buying them alcohols. The court was told that she committed the offence on January 7, 2016.

martha

Miano

 

It is not the first time she is arraigned in court over similar charges and the same complainant. Earlier in the months, she was arrested but released unconditionally after Nyeri Resident Magistrate John Aringo ruled that her seven day detainment was violation of the Constitution and that the police affidavit of detaining her was wrongly drafted.

The prosecution said the accused made the statements knowing they were false and intended to annoy the complainant. However, through lawyer Irungu Kang’ata, who is Kiharu MP, the accused prayed to be released on bond saying that the offence was misdemeanor and has cooperated with police.

Ms. Miano is accused to have annoyed Mr. Rigathi, a crime under 29 of the Kenya Information and Communication (KICA) Act, CAP 411 of the laws of Kenya. The section says

A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person

commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

Martha Miano was arrested on Saturday by Criminal Investigation Directorate (CID) officers in Karatina town and later released on police bond of sh5,000.

Kang’ata said the accused was a mother of one and would not jump bail. The court released her on a sh300,000 bond or a cash bail of sh100,000.

The case has been scheduled to be heard on May 9, this year with a mention of April 4, 2016.

Kang’ata asked court to take judicial notice that the accused had been arrested early this month and a magistrate’s court found the charges erroneous. He said the accused has suffered enough.

PACJA launches the African Climate Change and Environmental Reporting Awards

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The Pan African Climate Justice Alliance (PACJA) launched the African Climate Change and Environmental Reporting Awards (ACCER) 2016. The competition that aims to recognise and reward excellence in
environmental journalism at all levels of society welcomes entries from passionate citizen journalists as well as professional journalists. ACCER Awards highlight exceptional journalistic work and encourages high quality
and impactful coverage of environmental issues in Africa.

The awards note that Climate change is a leading human and environmental crisis of the 21st century. Africa is one of the most vulnerable regions in the world to climate change because it is a threat to economic growth, long-term prosperity, as well as survival of the already vulnerable populations.  Climate change has also been a threat to sustainable development and was an impediment to achieving the Millennium Development Goals.

Mithika Mwenda, PACJA Secretary General, said

“By bringing climate change and environmental stories to the forefront of public perception, journalists play a key role- they serve as watchdogs of our environment. They bring inspiration and fresh ideas on environmental protection to the public. They also play an important educational role by presenting complex scientific and technical environmental issues in a simple format understandable by the public. For these reasons we must recognise them”.

Submissions for the awards are being made via the entry form website www.accerawards.com over a period of seven weeks, 8th March-26th April 2016. After the online submission, process finalists will be announced at
the sidelines of the United Nations Environmental Assembly (UNEA), which will take place on 23rd – 27th, May in Nairobi. They will also be enrolled in an intensive training program, the ACCER Awards Finalists Academy (TAAFA).

Mohamed Atani, Regional Information Officer, Regional Office for Africa, UNEP lauded the initiative saying

“With the adoption of the Agenda 2030 and signing of the Paris Agreement, 2016 is a critical year for Africa. Media will play a crucial role in tracking and reporting on challenges, opportunities and success stories across the continent. We encourage all journalists in Africa to tell Africa’s story not just within the continent but beyond. The media plays a key role in bridging the gap between science and policy, and engaging key stakeholders in the implementation of the SDGs and Agenda 2063.”

The awards will also recognize bloggers and citizen journalists as they also seek to enlighten the world of the dangers of climate change.

The categories are
•       Environmental Journalist of the Year Award
•       Emerging Young Journalist
•       Photographer of the Year
•       ACCER Blogger
•       Documentary of the Year
•       Environmental story of the year
•       Francophone Journalist of the Year
•       Unique angle of the year

An independent judging panel of eminent professionals with backgrounds in: Journalism, Environmental Science, Academia and Climate Change Advocacy will choose finalists for each of the categories. The winners will be unveiled at the gala night on the eve of the World Environment Day. The entire process will be audited to ensure it is fair and transparent.

Wanjohi Kabukuru, one of the ACCER Awards 2016 judges said that environmental journalists have what it takes to move environmental stories from the back and feature pages to the front page.

“This can be achieved by sourcing stories deeply as environmental stories touch on other issues such as economic, health and politics”.

The ACCER award is coordinated and implemented by PACJA with support from UNEP, Christian Aid and the Government of Sweden among others.

Ezer Kipkurui released

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Ezer Kipkurui was released at 1.00am last night without any questioning or requirement to report back to the Central Police Station.

 

He had been arrested, first for resisting arrest and later for taking photos of Huduma Center at GPO, Kenyatta Avenue, Nakuru town. The police could not find evidence of the photos he was alleged to have taken.

 

Online content creators celebrated his release.

 


Upon his release, Ezer Kikurui was escorted by the police to his house. He is a fourth year student at Egerton University.

Ezer thanked those who camped at the police station and others who made calls to have him released.

Ezer Kipkurui arrested for creating disturbance by taking a photo of Huduma Center in Nakuru

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Egerton University student Ezer Kipkurui has been arrested for creating disturbance when he took photos of Huduma Center in Nakuru town.

A police officer arrested him when he was taking the photo using his phone. Ezer was with his girlfriend at the time and he wanted to share online how the queue at the center was long. The police officer who was manning the center took issue with him photographing the General Post Office building along the busy Kenyatta Avenue.

 


The Officer Commanding the Nakuru’s Central Police Station Mr. Omollo has declined to have him released on bail stating that the offence is serious and he will sleep in the cell before being presented in court tomorrow.

Nakuru County Commander Hassan Mwabumba said he cannot comment on the issue because he was unaware of the arrest.

Huduma Centers are not gazetted protected areas under the Protected Areas Act.

 


Dennis Itumbi, the Director of Digital Commissions at State House took to Twitter to affirm that Ezer Kipkurui should be released.

 


Ezer’s phone has been confiscated by the police to aid in investigations.

Martha Miano released unconditionally

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Martha Miano released unconditionally

Martha Wanjiru Miano was released unconditionally by a Nyeri Court yesterday.

Nyeri residents celebrated outside Nyeri Law Courts as online activist Martha Miano was set free by court.

She had been detained by police on allegations that she posted a statement on Facebook allegedly insulting Governor Nderitu Gachagua’s brother Rigathi Gachagua.

Nyeri Resident Magistrate John Aringo ruled that her seven- day- detainment was violation of the Constitution and that the police affidavit of detaining her was wrongly drafted.

 

Martha 2

 

Martha 3

 

Martha Miano arrested for taking on politicians on her Facebook account

James Wamathai
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Martha Miano arrested for taking on politicians on her Facebook account

A Nyeri Facebook user Martha Miano was arraigned in court on Monday after she was accused of using abusive language in her posts towards a county government official and Rigathi Gachagua who is a brother to Nyeri Governor Nderitu Gachagua.

Martha Miano 9

Rigathi and James Kabiru (Director of Governors Press) filed a complaint against Ms Miano after they claimed she had launched personal attacks against them on social media.

Ms Miano was whisked from Karatina town by CID officers and taken to Nyeri town where she was arraigned in a Nyeri law court, with no explanation and under tight security.

Ms Miano was charged with misuse of telecommunication gadget then held without bail or bond for seven days to allow investigating officers to complete their inquiries.

Ms. Martha Miano
Ms. Martha Miano

Her arrest and arraignment caused alarm amongst Nyeri county residents as news of Ms Miano’s case spread through social media sites.

However barely 24 hours later Lawyer and Kiharu MP Irungu Kangata showed up at the Nyeri court and said he would defend Martha JM Miano.

Kangata claimed that Ms Miano’s arrest was politically motivated and demanded that she be granted bail.

The Court ordered that Ms Miano be produced in court on Wednesday morning.

The controversy surrounding her is being fueled by the fact that Ms Miano is alleged to be an employee of the Mathira Constituency Development fund, which is under Mathira MP Peter Weru.

Hon. Weru and Mr Rigathi are known to have political differences over the implementation of development projects. Hon. Weru is the current Mathira Constituency MP while Mr. Rigathi is an aspiring Mathira MP.

Her Facebook posts suggest she is politically active. She clarifies and comments on issues in support of the Mathira MP and largely criticizes the Governor and others.

Martha Miano

Martha Miano 1

Martha Miano 2

Martha Miano 4

Martha Miano 6

Martha Miano 7

Martha Miano 8

Runaway corruption is increasing poverty in Kenya

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Runaway corruption is increasing poverty in Kenya

By James Wakibia

Corruption remains one of Kenya’s biggest threat to development. Every successive year Transparency International lists our beloved nation amongst the most corrupt nations on the face of the earth. It’s not something to be proud of. It is not like marathons and javelin that we should be proud of. No, it’s something every sane person should be condemning.

According to Transparency international, the bad corruption index can be attributed to incompetence and ineffectiveness of anti-corruption agencies who have failed to punish alleged corruption offenders. The Judiciary, Director of Public Prosecution and Ethics and Anti-Corruption Commission were pointed out as institutions that have contributed in high corruption levels, they have failed in the war against the vice.

As a ‘mwananchi’ in the streets am left powerless and confused and at the mercy of these corrupt but powerful people who make life very expensive and lead to increased poverty.

County governments are in a good position to bridge the gap between the haves and have not. Through proper distribution of resources and good governance, it is possible to fight the ever increasing rates of poverty and to bring the numbers down. But with entrenched corruption I doubt any positive gains are going to be achieved, more poor people will continue languishing in pain and wallowing in immeasurable poverty. These people are suffocating public coffers for their own selfish gains with utmost impunity. Anything to stop this open thievery must be top priority.

It is saddening that the youth now see corruption as an easier way to wealth creation.

Reports of maddening and unthinkable amounts spent on buying goods and services are all over. We all remember the sh109,000 anti-carcinogenic wheel barrows of Bungoma, sh2m Facebook account opening fees of Kirinyaga, huge sitting allowances and generally spending that raises so many questions. Some with our legislators have allegedly hired gangs to walk around intimidating critics. Without a doubt, things are going haywire. Members of County Assemblies (MCAs) are now overstocked with unrivaled power, they are demigods, instead of being the watchdogs they can be seen every day strolling the corridors of governors offices, looking for kickbacks, to move certain motions in the assemblies.

To effectively reduce poverty in Kenya, runaway corruption must be eliminated. The vice has negative implications on vision 2030 which might just be a pipe dream. Corruption will always pull us down, and it must be fought.

It’s good that the president came out strongly to condemn and show the public his stand on corruption. Using tough talk is good but words and stun face alone and no actions will not fight corruption. It’s time for a turnaround, those well written speeches that move masses must be moving thugs to jail. Corruption is now a national security problem and it must be axed. The enacted laws must be implemented.

We voted for devolution because we believed in it. We went back to the ballots and brought in people we had faith in, but by default almost all of them have proved to be the wrong choices. Many have pending criminal cases. While they are still innocent until proven guilty, there is a shed of uncertainty over the quality and substance of the leadership they offer. We shouldn’t just watch as they use our resources to campaign for their re-elections. This breeds a vicious cycle of bad governance which needs to be stemmed once and for all.

The writer is a Human Rights Activist based in Nakuru.

Nakuru IDP children cite lack of electricity for ‘dismal’ performance in 2015 K.C.P.E

Kioko Kivandi
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Nakuru IDP children cite lack of electricity for ‘dismal’ performance in 2015 K.C.P.E

Candidates who sat the Kenya Certificate of Primary Education (K.C.P.E) exam at the camp for the Internally Displaced Persons (IDP’s) in Pipeline Nakuru are citing only one thing for their ‘dismal’ performance in the exam.

The candidates who were displaced following the Post Election Violence (PEV) that rocked the country eight years ago say lack of electricity at the camp hampered their studies throughout their primary school life.

Apparently the camp was not connected to the power grid until October last year when its residents benefited from a government electrification programme that targets marginalized areas. The primary school leavers who spoke to Kenya Monitor said while this was a blessing, it had come too late.

“I used to wake up at 3 am to read using a paraffin lamp, but sometimes it would dry up,”

said Rachael Wangari who scored 297 marks.

“I would then be forced to sit in the open and read with moon light or just sleep and wait for day light when I would go to school and read from there,”

Wangari who wants to be a doctor added.

It will be noted that when the violence happened the candidates were very young. About 5-6 years of age. They were evicted from areas such as Molo, Eldoret, Nandi, Kericho among others. The students said the fact that their parents had to start on life afresh affected their studies.

“Most of the time we would be sent back home during remedial classes that teachers were charging at sh200 per month,”

added Wangari who was on her way to the farm when this interview was conducted.

Joy Wanjiru who also went to Nairobi Road Primary also cites lack of electricity at the camp as the reason she did not score her dream mark of “350 and above”. The first born in a family of 3 who scored 295 says generally the ‘tough’ life at the camp hampered her performance. She wants to be a journalist and her role model is Citizen T.V presenter Lulu Hassan.

“I just love the ways she anchors news. We don’t have a T.V but I usually go to watch news at my aunt’s who also lives at the camp.”

Stephen Wainana who scored 294 at the same school wants to be an Aeronautical Engineer. It pays well he says. He too cites the lack of electricity as the reason he did not score more than 320 marks that he had dreamt of.

“The paraffin lamp used to hurt my eyes, so I was unable to read well. I would wake up in the morning and go to school to read from there,” he said.

The camp was connected to the power grid late year through a government programming of lighting up rural areas (Photo: Kioko Kivandi).

Faith Wanja is among those you would refer to as excellent performers at the camp who went to Nairobi Primary School. She scored 311 marks. Apart from the use of paraffin lamps she blames lack of books for her “poor” performance since she had wanted to score at least 350 marks. She wants to be a doctor.

Like her is Jecinta Nyambura who is the best candidate among those who went to Nairobi Road Primary and who spoke to Kenya Monitor. She scored 330 marks which is really a good mark considering her situation. Nyambura lives in the camp with her mother and five siblings. Their father was killed in Burnt Forest during the chaos. Apparently she said, she did not have any difficulties reading with a lamp.

But the camp also had its stars. Lucy Nyambura who scored 352 marks and another Rachael Wangari who scored 404 marks. The two were students in private schools but had their roots in the camp. They too cited general difficulties at the camp as impediments to excellence in academics among IDP children.

“We want good shelter. That will help us read well,”

said Wangari while Nyambura urged for assistance to the youth at the camp.

“We need a polytechnic for the youth. Some are even becoming drug addicts,”

Nyambura who wants to become an economist said.

Mbuvi Kasina faces six counts of improper use of licensed telecommunication system

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Mbuvi Kasina faces six counts of improper use of licensed telecommunication system

Mbuvi Kasina, an activist and businessman from Kitui County is facing six counts of improper use of licensed telecommunication system for calling for accountability in the management of Constituency Development Funds (CDF) of Kitui South Constituency.

Kasina has been charged with the six counts and defamation by the area legislator Hon. Rachael Nyamai for posts he made in a Facebook Group ‘Kitui South Leadership Oversight Board’.

The following phrases in the Facebook Group are what led to him being charged

I would be amazed if you referred to big lady as beautiful, she is the most ugly woman in Kis. Nothing to admire, big legs like elephants not mentioning shapeless body

This MP has left everyone baffled. She is every happy when people die from Kitui South so that she gets an opportunity to meet with the people and endear to them. She must be a sadist. Lipstick mingi kwa mdomo anakaa kama anakula mitura mbichi ama ameramba damu. Am bitter. We want out 137 million back. Lete pesa yetu.

The MP is a sadist. How do you place point man in every sub-location to be reporting to you the people who have died so that you may go to funerals to campaign. Talk of crocodile tears at best.

Some other comments are in Kamba language.

The charge sheet says Mbuvi made these comment knowing well they are false for the purpose of causing annoyance, inconvenience and needless anxiety to Hon. Racheal Kaki Nyamai.

 

Kasina charge sheet

 

Kasina charge 2

 

Kasina charge 3

 

Kasina charge 4

Kasina said that the Constituency Development Fund Board also frustrated their efforts to get this information. Correspondence between him and the office indicate that they did receive the letter he wrote and later said that the information he wanted was in public domain.

Kasina letter 1

 

Kasina letter 2

The CDF Board responded. The Board noted that they had received the letter and that the Constitution guarantees them the right to seek information about how CDF funds are being used. They later wrote another letter stating that they had gotten feedback from the CDF Fund Manager in Kitui South Constituency that Mbuvi and Joseph Kyutu had never visited the CDF offices and also that the information they want is in public domain.

CDF Board 1

 

CDF Board 2

 

The defamation case is civil suit no. 219 of 2014 while the improper use of licensed telecommunication system is CR1125 of 2014 at the Milimani Law Courts.

Improper use of licensed telecommunication system is explained in Section 29 of the Kenya Information and Communication (KICA) Act 2009 as;

A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person

commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

Kasina denied the charges and is out on bond.

He wrote letters to the Director of Public Prosecutions (DPP) who then recalled the file for direction.

Freelance journalist Yassin Juma arrested for posting updates of Al-Shabaab attack at KDF camp

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Freelance journalist Yassin Juma arrested for posting updates of Al-Shabaab attack at KDF camp

Freelance journalist Yassin Juma was yesterday, 23rd of January 2016 arrested and held by police for posting updates on his social media accounts of the Al- Shabaab attack to the Kenya Defence Forces (KDF) camp at El-Adde. Al-Shabaab attacked the camp on 15th of January 2016 in which an unknown number of KDF soldiers were killed.

Yassin formerly worked at the investigative desk at NTV before switching to freelance journalism. He frequently goes to Somalia for journalism assignments. Moreover, he uses his Facebook and Twitter accounts to provide constant security updates.  


Police used section 29 of the Kenya Information and Communications (KICA) Act 2009 to detain him. Improper use of system is defined as when a person;

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person

commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

 

   

Yassin Juma felt his arrest was imminent

  Kenyans took to social media to criticize this move

 

   

Anthony Njoroge Mburu alias Waime Mburu charged for publishing false statement on Facebook

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Anthony Njoroge Mburu alias Waime Mburu charged for publishing false statement on Facebook

Anthony Njoroge Mburu alias Waime Mburu, who commentates on Kiambu County politics was charged in a Mombasa court on Thursday with publishing false information. He allegedly accused Kiambu Governor William Kabogo of importing substandard eggs in a Facebook post

Mburu 1

 

Mburu 2

 

Waimbe Mburu was charged with three counts of harmful publication contrary to section 66(1) of the Penal code. According to the charge sheet, he is alleged to have posted false words on social media in January 8 that were intended to cause harm to Charlotte Wangui, who heads Sea Cross Farm in Kwale.

Section 66 (1) of the Penal Code says

(1) Any person who publishes any false statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanour

66 (2) adds that

(2) It shall be a defence to a charge under subsection (1) if the accused proves that, prior to publication, he took such measures to verify the accuracy of the statement, rumour or report as to lead him reasonably to believe that it was true.

 

The magistrate remanded him at Shimo La Tewa for three days awaiting his bond ruling. The farm manager on Tuesday complained to police over misuse of the social media by the blogger and the defamation claims against the farm.

 

Update in Waime Mburu case1. Case prepared on 14th Jan 2016 by CID2. Charge sheet taken to court on same day, …

Posted by John Mugwe on Wednesday, 20 January 2016

 

#AllWillBeWellAm still held incommunicando. Over 500Kms away from where I’m to be subjected to a judicial process….

Posted by Waime Mburu on Tuesday, 19 January 2016

 

“It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how…

Posted by Waime Mburu on Wednesday, 20 January 2016

 

 

Eddy Reuben Illah charged with misuse of licensed telecommunication system

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Eddy Reuben Illah charged with misuse of licensed telecommunication system

Eddy Reuben Illah was yesterday charged in a Kiambu court with posting on social media pictures allegedly showing the bodies of Kenya Defence Forces (KDF) soldiers who were attacked and killed in Friday’s attack by Al-Shabaab militants in El-Adde, Somalia.

He was accused that on January 16, 2016 at an unknown place within Kenya, he distributed pictures allegedly showing dead KDF soldiers through a WhatsApp group called “Youth People’s Union”.

The charge sheet further said that he did so knowing that the pictures were grossly offensive and with an intent to cause needless anxiety to the family members of the officers and Kenyans in general.

When he appeared before Kiambu Principal Magistrate Justus Kituku, Mr Eddy Reuben Illah denied sharing the images with a WhatsApp group using his mobile phone.

The prosecutor said Eddy committed a crime under Section 29 of the Kenya Information and Communication (KICA) Act 2009.

Eddy Reuben Illah’s charge is different from all other charges against Kenyans using the same Section 29. All other charges were about posting comments on Facebook and Twitter, which the aggrieved parties felt were injurious to them. However for him, he is alleged to have shared it in a WhatsApp group.

The Act defines telecommunications system as

“telecommunication system” means a system for the conveyance, through the agency of electric, magnetic, electro-magnetic, electrochemical or electro-mechanical energy, of—

(i) speech, music and other sounds;

(ii) visual images;

(iii) data;

(iv) signals serving for the impartation (whether as between persons and persons, things and things or persons and things) of any matter otherwise than in the form of sound, visual images or data; or

(v) signals serving for the activation or control of machinery or apparatus and includes any cable for the distribution of anything falling within (i) to (iv) above;

Improper use of system is explained in Section 29 as;

A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person

commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

His lawyer, Mr Edwin Sifuna, tried in vain to have him released on a free bond on the basis that the offence was not serious.

The magistrate ordered that he be released on a Sh100,000 bond with a similar surety or a Sh50,000 cash bail.

The case will be mentioned on the February 2 and hearing will begin on February 12.

Also read

Veteran Nakuru journalist Elijah Kinyanjui arrested for misuse of licensed telecommunication system

Robert Alai to be charged with improper use of licensed telecommunication system

Patrick Safari aka ‘Modern Corps’ arrested and charged for ‘annoying tweet’

Web developer challenges constitutionality of infamous charge ‘misuse of licenced telecommunication system’

Nakuru journalist charged with misuse of licensed telecommunication system

Kenyans condemn the arrest of Elijah Kinyanjui – #ReleaseKinyanjui

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Kenyans condemn the arrest of Elijah Kinyanjui – #ReleaseKinyanjui

Kenyans have condemned the day-long arrest of veteran journalist Elijah Kinyanjui over sharing a post that depicted Nakuru Governor Kinuthia Mbugua’s daughter Brenda Mutanu in a party mood. Elijah who has worked in almost all media houses, currently has many Facebook accounts and whatsapp grounds which he uses to spread information about Nakuru’s county affairs, largely bordering on transparency and accountability.

Veteran Nakuru journalist Elijah Kinyanjui arrested for misuse of licensed telecommunication system

 

 

    The debate on Twitter, grew to issues about freedoms enshrined in the Constitution.  

 

 

 

    And the reason leading to Elijah Kinyajui arrest…  


Some sobriety from government

 

The circumstances leading to his arrest, including being held seemed suspicious and high handed  


Governance issues in the country also creeped in

 

   


What should have been an appropriate action against Elijah Kinyanjui!

When he was released, it was a relief  

Veteran Nakuru journalist Elijah Kinyanjui arrested for misuse of licensed telecommunication system

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Veteran Nakuru journalist Elijah Kinyanjui arrested for misuse of licensed telecommunication system

Veteran Nakuru journalist Elijah Kinyanjui was this morning arrested by Nakuru Criminal Investigations Department (CID) for misuse of licensed telecommunication system.

He is accused to have shared a post on his various social media platforms that depicted Nakuru Governors’ daughter Brenda Mutanu in bad light. The Kenya Daily Post shows her smoking shisha, dressed skimpily in various night clubs and dancing with men, including musician Madtraxx.

It is not clear why Elijah Kinyanjui was arrested this morning since the crime he is alleged to have committed was done on October 15th 2015. The post was made on 14th October 2015.

Elijah Kinyanjui is a veteran journalist who has worked with almost all leading newspapers in the country was quizzed last year for an ‘open letter’ he wrote to President Uhuru Kenyatta and which he published on a Whatsup group page he runs dubbed ‘Nakuru Analysts’.

Nakuru journalist interrogated for social media post

Kinyanjui is not new to controversy and court cases. Last year, the Nakuru Assembly Speaker Susan Kihika and Clerk Joseph Malinda took him to court claiming he had defamed them on social media.

Apart from being an administrator of a Whatsapp group in Nakuru, Kinyanjui runs a Facebook page on which he publishes updates on topical issues in the county.

 

   


It is not clear why he is the target of the arrest on a number of reasons;

  1. Daily post could as well be sued instead of him.
  2. Several other online platforms like Mpasho, Nakuru Exposed, Mashada, inlive news, and brostalk have all published the same story.
  3. Why this charge yet they could have used libel or defamation, since sharing a libelous information also make you libelous.
  4. Brenda, the Governor’s daughter is above 18 hence an adult to take Kinyajui to face the law

We are still trying to get the charge sheet and will share it once we get it.

Improper use of licensed telecommunication system is a crime under Section 29 of the Kenya Information and Communication (KICA) Act 2009. It says

29. A person who by means of a licensed telecommunication system—

(a) sends a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

(b) sends a message that he knows to be false for the purpose of causing annoyance, inconvenience or needless anxiety to another person

commits an offence and shall be liable on conviction to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding three months, or to both.

Currently, his lawyer is trying to secure bail for him to be released.

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