Web developer and activist Rose Njeri has been released on a Sh100,000 personal bond pending a ruling on whether she will be charged with unauthorised interference with a computer system.
Milimani Magistrate Geoffrey Onsarigo set June 20, 2025, as the date for the ruling on whether Njeri will take a plea to the charges.
According to the charge sheet, Njeri is accused of unauthorised interference with computer systems, contrary to Section 16 of the Computer Misuse and Cybercrimes Act.
Her defence team—comprising former Chief Justice David Maraga, DAP-K party leader Eugene Wamalwa, Wiper party leader Kalonzo Musyoka, among others—objected to the charges, arguing that they are defective and unconstitutional.
"The charge sheet ought to disclose an offence known in law to enable the accused to be able to take a plea," submitted the defence counsel.
Wiper leader Kalonzo Musyoka questioned the basis of the charge, stating:
"If a crime is sensitising fellow Kenyans to say yes or no to the proposed finance bill, what crime is that?"
According to the defence, the very purpose of the email address was to invite citizen participation, and thus any member of the public could have sent such emails.
Kalonzo argued that the charges are open-ended and fail to meet the requirements of Articles 49 and 50 of the Constitution, as well as the procedural safeguards under the Criminal Procedure Code.
The defence contended that Parliament’s email address was established to encourage public feedback on the Finance Bill, and by participating, Njeri was engaging in constitutionally protected civic activity.
“We are taken aback at how to respond to a charge when the email address was created specifically to be used by members of the public,” Kalonzo noted.
However, the prosecution, led by Victor Owiti, insisted that the charges should stand pending further proceedings.
Owiti argued that the questions raised by the defence, such as whether Parliament intended the alleged acts to constitute an offence, are issues that should be addressed at trial, not at this preliminary stage.
He emphasised that the charge sheet had provided sufficient particulars as required under Section 134 of the Criminal Procedure Code.
“If you find that the prosecution in the charge sheet has given reasonable information, then you cannot reject the charges,” Owiti stated.
He asked the court not to dismiss the charges based on the defence’s preliminary objections.
He further contended that the validity of the charges would ultimately be determined through trial.
“Whether or not we are able to prove these charges or the defence will lodge their charges is an issue for trial,” he said.
Former Chief Justice Maraga, also present, condemned the charge sheet, labelling it as defective.
“The charge sheet does not disclose a known offence,” Maraga stated.
He praised Njeri’s actions, highlighting that rather than being prosecuted, she should be celebrated for promoting transparency and facilitating public participation in the legislative process.
He warned that such defective charges reflect a worrying trend where police arrest suspects, detain them unnecessarily, and later bring charges that do not hold up in court, subjecting them to unnecessary trauma.
Senior Counsel John Khaminwa highlighted the human rights violations involved in Njeri’s arrest.
He recounted how her father informed him of her health condition as being anaemic and emphasized that he rushed to Pangani Police Station to secure her release.
He condemned the police for arresting her on Friday at 11 p.m., knowing that the following Monday was a public holiday (Madaraka Day), thereby prolonging her detention unnecessarily.
“This points to malice and misuse of police power,” he argued.
Law Society of Kenya representative Abner Mango also criticised the police for violating Njeri’s rights to legal representation and bail, noting that she was denied the opportunity to communicate with her advocate and was forced to record a statement without counsel present.
“The suspect has two children of tender age and a medical condition,” Mango noted.
Njeri was arrested on Friday in connection with the creation of Civic Email, a website designed to enable Kenyans to express opposition to the proposed Finance Bill 2025.
Her arrest sparked public outcry, and on Sunday, June 1st, activists gathered outside Pangani Police Station demanding her immediate release.
A significant number of activists and members of the public were present in court on Tuesday to show support for Njeri.
