A Bungoma man, Benson Ashiko, arrested for allegedly sharing a viral post depicting President William Ruto’s funeral, will remain in police custody for four days to allow investigators to conclude their inquiries. Ashiko, apprehended on January 24th in Bungoma, was transferred to Nairobi’s Muthaiga Police Station.
Chief Magistrate Susan Shitubi, presiding over the case at the Milimani Law Courts on Monday, January 27th, ruled that Ashiko would be detained until January 30th. After this period, he will be eligible for release on a cash bail of Ksh. 5,000 or an alternative bond of Ksh. 50,000.
Ashiko faces accusations under Section 23 of the Computer Misuse and Cybercrimes Act, which criminalizes the publication of false information. The specific post at the center of the controversy is said to have contained a fabricated message of condolence addressed to the First Family. The post, which circulated widely on social media, drew significant public attention, with many perceiving it as malicious.
The police initially requested a 14-day detention order, arguing the need to examine Ashiko’s electronic devices thoroughly. They also cited the time required to verify the origins and intent of the viral post as well as to identify any accomplices involved in disseminating it. However, the court granted a shorter period of four days to balance the investigation process and Ashiko’s rights.
The arrest and detention of Ashiko have sparked a nationwide debate on freedom of expression versus combating misinformation. Some Kenyans have expressed concern about the potential misuse of laws to stifle dissent and free speech. They argue that even offensive or distasteful content deserves protection under the constitutional guarantee of free expression.
On the other hand, many have supported the authorities’ actions, emphasizing the dangers of misinformation in today’s digital age. They contend that such posts, especially those targeting national leaders, could incite unnecessary panic or tension and must be addressed decisively.
The case highlights the challenges governments face in regulating digital spaces while preserving democratic freedoms. The outcome of Ashiko’s case is likely to set a precedent for how Kenya addresses similar instances of alleged cybercrimes moving forward.
As investigations proceed, many will be watching closely to see how the judiciary balances the need to deter harmful online conduct with protecting individual rights under the law.
