Court releases Rose Njeri on bond amidst controversy over crackdown on digital dissent

Rose Njeri when she appeared at the Milimani Law Courts in Nairobi on June 3, 2025. She was released on a personal bond of Sh100,000. (Photo: Carolyne Kubwa)

By Carolyne Kubwa
Tuesday, June 3, 2025

Milimani Principal Magistrate Geoffrey Onsarigo directed that the matter be mentioned on June 20, 2025, when the court will determine whether Njeri will plead to the charges or not.

A Nairobi court has released Rose Njeri on a personal bond of Sh100,000 after her arrest over cyber harassment and computer misuse sparked a legal pushback from her high-profile defence team, who dismissed the charges as unconstitutional and politically motivated.

Milimani Principal Magistrate Geoffrey Onsarigo released Njeri on bond after her lawyers urged the court to dismiss the charges against her.

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Njeri was arrested on Friday last week and has been in police custody since then.

The defence team, comprising former Chief Justice David Maraga, Wiper party leader Kalonzo Musyoka, Eric Theuri and Ndegwa Njiru, asked the court to object to the plea taking against Njeri, saying they did not understand how to respond to the charges as the email address in contention was created by Parliament for public use.

In his submissions, former Law Society of Kenya (LSK) President Eric Theuri stated that the email address allegedly used by the suspect was created by Parliament specifically for the public to submit their views on the 2025 Finance Bill.

"Your honour, 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.

Theuri argued that Njeri used the email address exactly as intended and did not break any laws. He said the defence team was unsure how to advise her on whether to plead guilty or not, given the nature of the charges.

He urged the court to release her on a personal bond and to return her confiscated gadgets, arguing they were unlawfully seized, even as investigations into the alleged offence continue.

Lawyer 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 were breached as bestowed under Article 49 of the constitution," Mango told the court.

The prosecution, led by Victor Owiti, opposed the defence’s argument that the charge sheet did not outline a legally recognised offence.

"Your honour, the charge and the particulars of the offence are 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.

However, the magistrate directed the matter to be mentioned on June 20, 2025, when the court will determine whether she will plead to the charges or not.