Gossip blogger Edgar Obare has been released by a Kiambu court on a Sh100,000 cash bail after denying publishing a woman's private data.
The blogger appeared before resident magistrate Rita Orora. He was accused of revealing visa information belonging to Natalie Wanjiru Githinji without her consent on his social media accounts, domain name www.bnn.ke and verified Instagram account @edgarobare.
Defence lawyer Titus Munene said the two phones taken from the accused and a MacBook laptop should be returned and the bail set at Sh20,000.
Prosecutor Stellah Oyagi opposed the application saying the phones are part of the exhibits that will be relied on during the hearing of the case. Oyagi told the court that the cash bail amount applied by the defence counsel is too lenient.
Oyagi said should the accused be released on bail, he should desist from publishing anything in the print media or electronic media until the case is heard and determined.
The magistrate said the prosecution must conduct its investigations to the fullest and will produce the exhibits during the trial as it forms part of their evidence.
The court further said that no material evidence has been produced before the court to ascertain that the phones are tools of trade of the accused.
“It is not in the business of this court to operate on assumptions. The application for the defence is, therefore, denied,” Orora said.
Orora said the defence counsel had submitted that the constitutional rights of the accused had been violated.
“This is not the proper court to address this issue, parties can make the relevant application to the relevant court," Orora said.
In her ruling, she further stated that the defence counsel had submitted that there is a similar matter in Milimani courts in which the accused was granted a bond of Sh50,000.
“The decision stated by counsel is a matter from a court of similar jurisdiction. It is, therefore, not binding to this court. This court is bound by decisions of superior courts."
The court ruled that the accused person should not publish anything concerning the matter.
Obare was, however, released on Sh300,000 bail. The case will be mentioned on August 21 and heard on November 2.
Obare was arrested on Thursday in Kisumu and taken to DCI headquarters in Nairobi for questioning.
He had published passport details of Githinji, with a visa alleging she had travelled to Dubai. At the time, international flights had been suspended.
Obare linked Githinji's travel to that of two legislators - Mombasa Governor Hassan Joho and Suna East MP Junet Mohamed - who had also travelled to Dubai to visit ODM leader Raila Odinga.
Raila had travelled to Dubai to undergo surgery on his back.
Edited by R.Wamochie
