Rose Njeri, a web developer and activist, has been released after a Nairobi
court ruled that the charges against her did not disclose any offence.
Magistrate Geoffrey Onsarigo said the two counts
presented were ambiguous and could not stand.
“The two counts as presently presented do not disclose an offence as they
are ambiguous,” stated Onsarigo in his ruling.
The court declined to admit the charges and released Njeri.
Her legal team asked for the return of electronic devices taken from her
during the arrest, including a hard drive, mobile phone, flash disks, and a
CPU.
The prosecution told the court that the devices were still being processed
by the cybercrime unit and would be returned once the review is complete.
However, the court ordered that all items
confiscated from her be released.
Njeri had been charged with unauthorised
interference with computer systems, contrary to Section 16 of the Computer
Misuse and Cybercrimes Act.
Her lawyers, who included former Chief Justice
David Maraga, DAP-K party leader Eugene Wamalwa, and Wiper leader Kalonzo
Musyoka, argued that the charge sheet was defective and that Njeri should not
be made to take plea.
They also asked the court to decline the charge and release her on personal
bond or on reasonable terms.
Njeri was arrested after creating a website
and civic email platform that allowed Kenyans to object to the proposed Finance
Bill 2025.
She
was released on Friday, June 20, and the court has ordered that her confiscated
devices be returned.
