• Ayika through his lawyer Harun Ndubi, asked court for lenient bond terms and copies of witness statements.
• Ndubi argued that his client was arrested on July 20 and his mobile phone was confiscated making him unable to reach out to his family and lawyers for help.
Image: CAROLYNE KUBWA
A Nairobi lawyer who made a Twitter post that suggested the military will take over the government and rule for 90 days before fresh elections are held has been charged.
Joshua Otieno Ayika appeared before Makadara chief magistrate Francis Kyambia and denied two counts of committing subversive activities contrary to the law.
In the charge sheet the prosecution claim that Ayika said:
"...... am not a prophet. neither am I a soothsayer but get it from me, between Wednesday-Friday next week we might have the army taking over from this "Biblical Regime."
"Prepare for an Army to take Over Government for the next 90 days then we shall have elections."
The court heard the words were prejudicial to the public order and security of the country.
He is alleged to have committed the offence on July 16, 2023, at unknown place using his verified Twitter Account namely Joshua Ayika @ayika_joshua.
Ayika’s tweets allegedly suggested that the military will likely take over the government.
He was charged with a second count of publication of false information contrary to section 23 of the Computer Misuse and Cybercrime Act of 2018.
Ayika through his lawyer Harun Ndubi, asked the court for lenient bond terms and copies of witness statements.
Ndubi argued that his client was arrested on July 20 and his mobile phone was confiscated making him unable to reach out to his family and lawyers for help.
"We are requesting that you release Ayika on lenient bond terms as he is an officer of this court," Ndubi argued.
The lawyer also sought a court order for the release of the phone which was opposed by assistant director of public prosecutions Joseph Riungu.
Riungu said the suspect used the mobile phone in making the alleged offensive tweets and it has been listed as evidence in the case.
Riungu also sought an order barring the lawyer from posting on Twitter.
The magistrate, however, declined to order the release of the mobile phone and also declined to gag Ayika from posting on his Twitter account.
Kyambia said the police can always arrest and charge the suspect if he made illegal statements.
Ayika was released on a bond of Sh200, 000 with a surety of a similar amount or an alternative cash bail of Sh100, 000.
The case will be mentioned on September 12.