Blogger Aoko Freed on Ksh.100K Cash Bail in False Information Case

Maverick Aoko Otieno, a well-known blogger, was released from police custody on a Ksh. 100,000 cash bail after pleading not guilty to three counts of publishing false information. Her arrest and subsequent release have drawn significant attention, highlighting the growing scrutiny on the use of social media platforms in Kenya.

Aoko, known for her outspoken online presence, was arrested at her home on Friday, August 16, 2024, after allegedly using her social media handle to spread false and defamatory information about the complainant, Beth Wambui Mbuitu. The court proceedings revealed that Aoko’s arrest followed a tweet posted on August 3, 2024, in which she made claims about Beth’s involvement in the breakup of Jamal Amira’s marriage.

The tweet in question stated, “Maze it disorients me to say this.. But Amber Ray is innocent. She did not ruin marriage ya Jamal Amira.. Beth did..She’s the daughter of a powerful cop so if you find me thrown Kware, refer to this tweet… Ask how Jamal moved from Makanga wa South C to Matatu boss… Ndio naanza.” The tweet was described as malicious, false, and crafted with the intent to harm the complainant’s reputation.

The charges against Aoko are based on Section 23 of the Computer Misuse and Cybercrime Act of 2018, which stipulates severe penalties for individuals found guilty of publishing false information. The Act states that “a person who knowingly publishes false information in print, broadcast, data, or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or that is likely to discredit a person’s reputation, commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh.5 million or ten years in prison, or both.” This law has been a significant tool for the Kenyan government in combating the spread of misinformation, particularly in the digital age where social media can rapidly amplify unverified claims.

During the court proceedings, the prosecution argued against the immediate release of Aoko’s laptop and phone, which were confiscated during her arrest. The devices are currently being examined as part of an ongoing investigation into the alleged offences. The court acknowledged the prosecution’s request, stating that the devices would remain in police custody until the investigation is completed.

The case is set to proceed with a pre-trial hearing on September 2, 2024. The prosecution has lined up three key witnesses who are expected to provide crucial testimony. Among them is Sergeant Norah Shigi, a Digital Forensics expert from the Communications Authority of Kenya, and Chief Inspector Nickson Kinyua, who is overseeing the investigation. Their testimonies are likely to play a pivotal role in determining the outcome of the case, particularly in establishing whether Aoko’s actions constituted a violation of the Computer Misuse and Cybercrime Act.

Aoko’s legal team, however, has expressed confidence in her defense, asserting that the charges are unfounded and that her social media activity does not meet the threshold for criminal prosecution. They have also raised concerns about the potential implications of this case on freedom of speech, particularly in the context of social media use. Aoko’s lawyer argued that the tweet was an expression of opinion and that criminalizing such expressions could set a dangerous precedent for online discourse in Kenya.

The case has sparked widespread debate on social media, with opinions sharply divided. Some argue that Aoko’s case is a clear example of the need for responsible use of digital platforms, while others see it as a crackdown on free speech. The outcome of this case could have far-reaching implications for how online content is regulated in Kenya, especially as the country continues to grapple with the challenges of misinformation in the digital age.

As the legal battle unfolds, Aoko’s case will undoubtedly remain in the public eye, serving as a critical test of Kenya’s cybercrime laws and their application in an increasingly digital society. The pre-trial hearing on September 2 will be closely watched, as it could set the tone for future cases involving the intersection of social media, law, and personal freedoms in Kenya.