Pauline Njoroge, digital strategist and a vocal critic of the Kenya Kwanza government, found herself in the spotlight on Monday as she, along with her friend Nduta Kangethe and their driver Emanze Jilani, appeared in the Malindi Law Courts following her recent arrest in Watamu, Kilifi County.
The initial charges against Njoroge and her companions were drug-related, as they were allegedly found in possession of narcotics during a police search of their car and hotel rooms. However, to the surprise of many, the prosecution dropped the drug charges during the court proceedings.
Nevertheless, the situation took an unexpected turn when Njoroge was accused of false publication under Section 22 (1) (b) (d) of the Computer Misuse and Cybercrimes Act no. 5 of 2018 for a post she made on Twitter.
The police, in an affidavit, claimed that she had been posting inflammatory and inciteful messages against state agencies on her social media accounts, leading to polarization among her followers locally, regionally, and internationally.
The specific tweet in question allegedly pertained to a police operation in Nyalenda, Kisumu County, and attempted to discredit the head of state.
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In response to the accusations, defence lawyers fervently argued that the intended charges against the accused, especially Njoroge, lacked substance and were not legally justified.
The prosecuting counsel, led by Vivian Kambaga, also withdrew the application to have the three suspects denied bond, leading to their eventual release on free bond by Chief Magistrate James Mwaniki.
"The issue of her release did not arrive, and the only issue was on the bond terms. The court orders that they be released on free bond," said Magistrate Mwaniki, signalling the end of the attempt to keep them in custody.
It had been initially sought by the State to hold Njoroge and her companions for 30 days, but the application was abandoned during the court session. Consequently, the court ruled in favour of their immediate release.
Despite the release on bond, the case is not yet closed. The matter will be revisited on Wednesday for further direction.
As part of their ongoing investigation, the police have been granted permission to search one of Njoroge's residences, but the search must be conducted during daylight hours and in the presence of the accused.
This legal battle has garnered significant attention due to Njoroge's high-profile position within the country's political landscape and her outspoken criticism of the government.
While the drug charges were dropped, the accusations of false publication on social media remain a focal point, leaving observers intrigued about the future direction of the case.
As the story unfolds, the nation watches with bated breath to see how this influential digital strategist's legal battle will impact the political landscape in Kenya.
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