A political activist Nuru Maloba Okanga will remain in custody for five days to allow investigators to conclude the probe against him over a publication circulating on social media asking Deputy President Gachagua to harm the President.
The court ordered Okanga to be detained at Muthaiga Police Station to enable Directorate of Criminal Investigations officers (DCI) to question him over a Riba News publication whereby he is quoted requiring the DP to be a thorn to President William Ruto.
Milimani senior principal magistrate Benmark Ekhubi allowed a plea by the DCI through the director of public prosecutions (DPP) to have Okanga detained in police custody for interrogation over 13 publications circulated on social media,
“Officers attached to the serious crimes unit at the DCI headquarters want to spend some time with the suspect to interrogate him over the serious allegations which border on plunging the country into chaos,” pleaded prosecution counsel Virginia Kariuki while seeking to have the suspect be detained for 21 days.
Ms Kariuki pressed for the suspect to remain behind bars to give time for cybercrime detectives to review and examine 13 links in which the suspect alongside others was accused of making inciting statements meant to cause ethnic profiling.
“I urge this court to grant a request to have the suspect held for 21 days at Muthaiga police station to enable DCI officers complete investigations on a case of publication of false information Contrary to Section 23 of the Computer misuse and Cybercrime Act No.5 of 2018,” Ms Kariuki urged.
Ms Kariuki further submitted that police will also be investigating other serious offences before criminal charges can be drawn.
She prayed to have a DCI Officer Samuel Kamau be indulged and given time to complete the investigations.
The magistrate heard the alleged publication is being circulated in the Tiktok Account dubbed “Riba News Gospel@ribanewsgospel.”
The video publication being circulated in social media is dubbed “Gachagua Piga Ruto Risasi (gachagua shoot ruto).”
Ms Ekhubi heard in the recorded video the suspect quoted asking Gachagua to be more troublesome to his boss President William Ruto.
Okanga is alleged to have asked the number two in command to arm himself being a former member of the provincial administration who knows how to use a firearm then shoot the president.
The magistrate heard these allegations are very serious and DCI detectives need humble time to unearth their truth.
Mr Ekhubi heard that there are other suspects whom police are pursuing to be prosecuted alongside Okanga.
The magistrate was urged not to release the suspect on bond since he is not a first-time offender of the same and might interfere with investigations.
However, defence counsel Shadrack Wambui and Kevin Onani prayed to have Okanga be admitted to bond under Article 49 of the Constitution which mandates a suspect to be released pending investigations.
Mr Wambui told the court that the majority of the witnesses in the case will be police officers and “there is no way Okanga can infiltrate the police force.”
The defence protested the 21 days sought saying viewing of the videos at the DCI headquarters will be undertaken by cybercrime officers and Okanga will not be required.
In a brief ruling, Mr Ekhubi allowed Okanga to be detained for five days.
“I have considered the application by the police through the DPP. It has merit and l allow police to keep the suspect for five days for interrogation and recording of witness statements,” ruled Mr Ekhubi.
The suspect will be presented in court on June 18, 2024, for further directions.