Kenyan Parliament’s Finance Bill Email Sparks Legal Battle in Cyber Harassment Case
"The rights of the suspect was breached bestowed under Article 49 of the constitution," Mango told the court.
The Nairobi court has released a suspect accused of cyber harassment and computer misuse crime with a personal bond of Ksh 100,000.
Milimani principal magistrate Geoffrey Onsarigo released Rose Njeri who was arrested last week on Friday with the aforementioned offence following the prayers by the defence who had submitted urging the court to dismiss the charges and release her on free bond.
The defence team, led by Kalonzo Musyoka and Eric Theuri, and former Supreme Court President David Maraga, prayed to the court to object to the plea taken against Njeri, saying they do not understand how to respond to the charges.
In his submissions, former Law Society of Kenya LSK president Eric Theuri said that the alleged email that the suspect used was created by the Parliament to the members of the public for the memorandum in support or oppose to the finance bill 2025,
“Your honor we fail to understand how to respond to the charge since the email used originated from the government and that means any person who sent an email to the same is a victim,” Theuri submitted.
He told the court that the Njeri responded to the government as it was the bottom line when the Parliament created the email.
Theuri insisted that Njeri used the email for the purpose it was created for to the contrary that she violated the constitution and they failed to understand how to advise the suspect either to plead guilty to the charges or not.
He urged the court to release her on personal bond and the gadgets which are unlawfully held be released to her while the Investigations against the offence continue.
Abna Mango told the magistrate that the constitutional rights of the suspect were breached considering she was arrested on Friday and denied police bail,
“The rights of the suspect was breached bestowed under Article 49 of the constitution,” Mango told the court.
In response, the prosecution team led by Victor Owiti objected to the plea by the defence claiming that there is no offence known by law as per the drafted charge sheet,
“Your honor the charge and the particulars of the offence is well stated and the plea taking can proceed,” Owiti said.
He urged the court to admit Section 89 (5) where the court’s jurisdiction is limited to determining the question of validity whether the offence and particulars are well stated or not.
In conclusion, the magistrate directed the matter to be mentioned on June 20, 2025, when it will determine whether she will respond to the charges or not.
