DCI warned against torturing man who posted Ruto's image in casket

Benson Malova Ashiko in the dock at the Milimani law courts. Photos (Joseph Ndunda EV)

By Joseph Ndunda
Monday, January 27, 2025

Ashiko was arrested in Bungoma County on January 24 and escorted to Nairobi where he was held at the Muthaiga police station

Chief Magistrate Susan Shitumbi has warned the Directorate of Criminal Investigations (DCI) against torturing a youthful man who posted a photo of President William Ruto in a casket on his X account and sent a condolences message to the President's family.

"I know it involves the holder of the highest office in the land but please don't torture him. Don't torture him, just handle him as I have directed," Shitumbi repeatedly warned Corporal Edwin Metto of DCI headquarters.

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Shitumbi was afraid that Benson Malova Ashiko could be tortured while in custody. She ordered that the suspect be escorted to hospital for treatment since he had indicated to be having a chest problem.

Cpl. Metto of the DCI's Serious Crimes Unit (SCU) had made an application to detain Ashiko for 14 days pending investigations into a case of publication of false information and Cyber harassment contrary to Sections 23 and 27 of the Computer Misuse and Cybercrime Act of 2018 respectively.

In an affidavit filed at the court, Cpl. Metto said Ashiko had posted a picture depicting a funeral of President Ruto "which information is deemed to be false and misleading".

"The photo was accompanied by the caption "my condolences to the first family" which is deemed to imply that death had befallen the president of the Republic of Kenya," stated Cpl. Metto.

"Some of the comments made on the photo upload are grossly offensive and detrimental in nature towards the victim (President Ruto) and are intended to negatively affect the reputation of the president together with other members of his family whose images were also shared in the said photograph."

Ashiko is accused of bullying the president.

Cpl. Metto said the comments, false publication and defamatory statements made on Ashiko's account are a threat to and may be detrimental to the progress or effect on peace, order and public safety.

Shitumbi agreed the judiciary should not be seen to be trivialising the matters but said the issues under investigation don't require Ashiko to be in custody for the duration sought by the DCI.

She allowed the DCI to hold Ashiko for four days at the Muthaiga police station and said if the investigations would not have been concluded on January 30, the suspect would post a cash bail of Sh50,000 to secure freedom pending the conclusion of the investigations.

In releasing the suspect, the magistrate noted that most of the pending investigations include forensic analysis of the suspect's mobile phone which the DCI has already confiscated and recording statements, which don't require the suspect's incarceration.

Cpl. Metto said the ongoing investigations include recording people whose images appear on the photo uploaded by Ashiko.

They include President Ruto who is the complainant together with members of his family in the picture.

The other witnesses expected to record statements include officers from the DCI's forensic investigations unit, the Communication Authority (CA) of Kenya and mobile telephone services providers.