A Nairobi court on Monday detained a man who posted a photo of President William Ruto in a casket on his X account and sent a condolences message to his family for four days pending investigations.
Chief magistrate Susan Shitumbi however ordered the Director of criminal investigations (DCI) to release Benson Malova Ashiko on bail of Sh50,000 if the investigations would not have been concluded by January 30.
Shitumbi while detaining Benson Malova Ashiko warned the DCI against torturing him while in custody.
Shitumbi further ordered that the suspect be escorted to hospital for treatment following his indication of having a chest problem.
“I know it is involving the holder of the highest office in the land but please don’t torture him. Don’t torture him, just handle him as I have directed,” said the magistrate.
Corporal Metto based at the DCI’s Serious Crimes Unit (SCU) had made an application to detain Ashiko for 14 days pending investigations into a case of publication of false information and Cyber Harassment contrary to Section 23 and 27 of the Computer Misuse and Cybercrime Act of 2018 respectively.
In the miscellaneous application, Metto said Ashiko had posted a picture depicting a funeral of President Ruto “which information is deemed to be false and misleading”.
Metto told the court that the photo was accompanied by the caption “my condolences to the first family” which is deemed to imply that death had befallen to the person of the president of the Republic of Kenya.
“Some of the comments made on the photo upload are grossly offensive and detrimental in nature towards the victim (President Ruto) and are intended to negatively affect the reputation of the president together with other members of his family whose images were also shared in the said photograph,” read the court documents.
Metto said the comments, false publication and defamatory statements made on Ashiko’s account are a threat to and may be detrimental to the progress or effect on peace, order and public safety.
According to Metto, the ongoing investigations include recording statements from the persons whose images were shared, seeking information from other agencies and digital forensic analysis of the suspect’s mobile phone.
“The said crime has become rampant in the recent past where social media users post false information/edited photographs of what appears to be the image of the President of the Republic of Kenya in a casket and the said publications have caused panic among the Kenyan citizens,” said Metto.
Ashiko was arrested in Bungoma County on January 24 and escorted to Nairobi where he was held at the Muthaiga police station.
Metto says the mobile phone which Ashiko was using is registered on another person’s name and therefore the identity of the suspect needs to be verified.
The matter will be mentioned on February 10.
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