Lamu court sends strong message on defamatory online posts after blogger's conviction
In his detailed ruling, Magistrate Mulama pointed out that Mwendwa’s use of the term mwanaharamu—a word the court recognised as highly offensive and stigmatising in both religious and cultural contexts—had significantly harmed the complainant’s personal and family reputation.
The Lamu Law Court has convicted Donald Mwendwa, also known as “Password,” for publishing false and defamatory content online targeting the family of a senior county government official.
Resident Magistrate Flavian Mungahu Mulama found Mwendwa guilty of violating Section 23 of the Computer Misuse and Cybercrimes Act, which prohibits the deliberate publication of false or misleading information likely to cause public alarm or harm a person’s reputation.
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The case was filed in 2023 by Shee Kupi Shee, the Director for Disaster Management and Peace Building in Lamu County, after Mwendwa posted a series of offensive remarks online. In the posts, he used derogatory language and made damaging claims about Shee’s parentage and background.
Offensive and stigmatising
In his detailed ruling, Magistrate Mulama pointed out that Mwendwa’s use of the term mwanaharamu—a word the court recognised as highly offensive and stigmatising in both religious and cultural contexts—had significantly harmed the complainant’s personal and family reputation.
The online posts further implied that Shee was born out of wedlock and belonged to a different ethnic group, portraying his parents as immoral.
“The thought of this alone has the potential of discrediting not only the reputation of the complainant but that of his family as well. I am not convinced that these charges were politically motivated. The evidence by the state was cogent enough to prove each of the issues I framed and that are necessary to prove the charge against the accused person,” said Magistrate Mulama.
Limits of freedom of expression
He also reminded the public that freedom of expression under Article 33 of the Constitution has limits and must be exercised with respect for the rights and reputations of others. Mulama warned against the dangers of unchecked online speech and emphasised the need for accountability in digital spaces.
Mwendwa has been remanded at Hindi GK Prison and will be formally sentenced on August 12, 2025.
Reacting to the verdict, Shee expressed gratitude and described the ruling as a significant step forward for victims of online abuse.
“This judgment is not only a personal victory but a reflection of our community’s desire for dignity and decency in public discourse. Let it be known that justice can prevail over fear, threats, and cyberbullying,” he said.
The case is being viewed as a landmark application of Kenya’s cybercrime law and a warning to those who use social media to defame others. Shee also thanked the Judiciary, Lamu Police, and other supporters, urging both citizens and public servants to promote peace and integrity, online and offline.
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