Joshua Otieno Ayika, a city lawyer, faced arraignment in court today over controversial Twitter posts that allegedly ridiculed President William Ruto's government as the 'Biblical regime' and predicted a military takeover lasting 90 days before fresh elections are held.
The charges against him include subversive activities contrary to Section 77 (1) (a) of the Penal Code and publishing false information, violating Section 23 of the Computer Misuse and Cybercrime Act of 2018.
Ayika's tweets, made on his verified Twitter account on July 16, were deemed subversive and prejudicial to Kenya's public order and security.
The posts hinted at the possibility of the military assuming control of the government between Wednesday and Friday of this week.
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The prosecution contends that the lawyer's words were designed to spread panic and chaos among Kenyan citizens.
Appearing before Chief Magistrate Francis Kyambia of the Makadara Law Courts, Ayika denied all charges.
His defence team, led by Senior Counsel Harun Ndubi, sought lenient bail conditions, arguing that Ayika was arrested on July 20, and his mobile phone was confiscated, preventing him from contacting his family and lawyers for assistance.
During the hearing, Deputy Director of Public Prosecutions Joseph Riungu opposed the defence's application to release the mobile phone.
Riungu asserted that the phone served as evidence in the case, as it was allegedly used by Ayika to post offensive tweets.
He further sought an order to restrain the lawyer from posting on Twitter.
However, Ndubi opposed this, stating that such orders would be difficult to monitor and enforce and that they would infringe upon Ayika's constitutional rights.
Chief Magistrate Kyambia declined to order the release of the mobile phone and refrained from imposing restrictions on Ayika's Twitter account.
He opined that the police could always arrest and charge the suspect if he made unlawful statements.
Ultimately, Ayika was released on a Sh200,000 bond with a surety of the same amount, and an alternative cash bail of Sh100,000.
The case is scheduled for mention on September 12, with the trial set to begin on January 25 next year.
The lawyer's arrest and subsequent arraignment have sparked discussions regarding freedom of expression and the use of social media in the country.
The case is likely to garner significant attention as it unfolds in the coming months.
As the legal process moves forward, Kenyans will closely monitor the proceedings to see how the court handles issues concerning social media usage and its implications for free speech and national security.
