Prisons officer to remain in custody for 21 days for inciting rebellion

The Kenya Prisons Service (KPS) officer who took part in Gen Z protests pushing for good governance is in custody for publishing material that the states believe amounts to calling for a rebellion against the government.

Jackson Kuria Kihara is currently in custody at the Muthaiga police station where the Directorate of Criminal Investigations (DCI) is investigating a case of inciting a mutiny contrary to section 47 of the Penal Code Cap 63 laws of Kenya.

Kuria is also under investigation for allegedly publishing False Information contrary to section 23 of the Computer Misuse and Cybercrime Act of 2018.

In an affidavit filed at the Milimani law courts, Detective Constable Meshack Mutinda of DCI's Serious Crimes Unit said Kihara has been publishing false information on his X account and inciting other members of the disciplined services on his account.

"The various postings by (Kihara) are a serious threat to the national security and inciteful to other members of disciplined services," states the affidavit filed at the Milimani law courts.

Mutinda said that Kihara is a trained disciplined services officer who is trained on the use of various firearms and hence has the capacity to interfere with investigations.

However, he did not elaborate on how Kihara's skills and training in using various firearms are likely to interfere with the investigations into cases of publishing false information and incitement to mutiny.

Kihara was arrested at his house inside the Kamiti Maximum Security Prison staff residence on January 15.

Mutinda said Kihara's mobile phone was seized and is yet to be subjected to forensic examination.

"Due to the bulky nature of the expected data and the digital evidence involved yet to be examined and comprehensively analyzed, there is a need for the extension of time to facilitate the ongoing investigations," stated Mitinda.

"Various postings by (Kihara so far examined, show that he has several other accomplices who are yet to be arrested and the release (of Kihara) on bail will interfere with their arrest."

Mutinda was seeking the court's orders to detain Kihara for 21 days at Muthaiga police station pending the investigations. The orders were granted by Chief Magistrate Lucas Onyina of Milimani Law Courts.

The detective attached a picture of Kihara protesting while in uniform holding a placard with details of a procession headed to the Statehouse.