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Nuru Okanga a Free Man After Court Dismisses Case on Ruto “Shooting” Remarks
"We are not resting here since we are going to pursue justice for our client, who was detained for 21 days unlawfully. We must seek compensation also for the mental torture of the accused, who is also a student," Wambui stated.
Political activist and social media personality Nuru Okanga Maloba is a free man after the Nairobi Magistrate acquitted him in the case he was charged with publication of false information regarding the president of the Republic of Kenya.
In the said publication, Maloba was alleged to post a captioned video directing the former deputy president, Rigathi Gachagua, to shoot President William Ruto, an action calculated to cause fear, panic among the citizens of Kenya, and destroy the reputation of the Executive leadership of the Republic.
While acquitting him, Milimani Principal Magistrate Rose Ndombi indicated that, “Upon anxious consideration of all the evidence and the applicable law, this court finds that the prosecution has failed to establish a prima facie case against the accused person in respect of all three counts.”
She added that the prosecution has not demonstrated publication by the accused, falsity, knowledge or reckless disregard of truth, nor has it established provision of telecommunication services without a licence.
She referred to a case of SAWE V REPUBLIC [2003] KLR 364, which the court indicated to have emerged at best suspicion and conjecture and could not form the basis of a criminal conviction.
Further, the court indicated that the evidence on record does not establish that the accused’s alleged statements crossed the threshold from political expression to criminal incitement with clear and present danger.
In conclusion, she ruled that, “In the premises, and pursuant to section 210 of the Criminal Procedure Code, this court finds that the accused person Nuru Okanga Maloba has no case to answer. He is hereby acquitted of all the three counts and shall be set at liberty forthwith unless otherwise lawfully held.”
The political activist who is also aspiring to contest Khorera Ward Member of County Assembly (MCA) was charged in 2024 with Computer Misuse and Cyber Harassment Crime by publishing false, defamatory and threatening information online while using the TikTok account dubbed, Riba News @ribanews and Siasa_tv_ke_backup and YouTube Channel to wit “…Nuru Okanga Rigathi Gachagua Piga Ruto Risasi…,” knowing it to be false and well calculated to cause fear, panic among the citizens of Kenya and destroy the reputation of the executive of the leadership of the Republic of Kenya.
In the video, Okanga was heard claiming that the former deputy president was a District Officer (DO) during the late former president Moi’s era, and he knows how to use a gun.
The defence team, led by Shadrack Wambui and Embakasi East Member of Parliament Babu Owino, were elated by the decision and assured to sue the state for the suffering their client had undergone in detention.
“We are not resting here since we are going to pursue justice for our client, who was detained for 21 days unlawfully. We must seek compensation also for the mental torture of the accused, who is also a student,” Wambui stated.
