A Nairobi court on Monday declined to review the Sh500,000 cash bail imposed on Atheists in Kenya founder Harrison Mumia, directing that a pre-bail report be filed before any decision is made.
Mumia appeared before Chief Magistrate Rose Ndombi for pre-trial directions, during which he also asked the court to compel the prosecution to supply a statement from President William Ruto, whom he said is the principal complainant in the case.
Through his lawyer, Suyianka Lempaa, Mumia argued that the charge sheet lists only two witnesses despite the alleged victim being the Head of State.
“Your Honour, we have seen only two witnesses listed on the charge sheet. We believe President William Ruto is the complainant in this matter and we are requesting that his statement be supplied to the defence,” Lempaa told the court.
The defence further applied for a reduction of the cash bail from Sh500,000 to Sh50,000, saying the accused is unable to raise the amount.
Lempaa submitted that the offences facing Mumia are misdemeanours and that the bail terms imposed are excessive and unfair.
According to the charge sheet, Mumia is accused of using a Facebook account under the name Robinson Kipruto Ngetich to publish images depicting President Ruto lying on a bed and falsely portraying him as critically ill or deceased.
Prosecutors say similar images were also shared on Instagram through the account @harrisonmumia.
The prosecution told the court that investigations are still ongoing and maintained that the charges are lawful, arguing that the images circulated widely online before authorities intervened.
The state said the case was necessary to curb the spread of harmful misinformation on digital platforms.
In her directions, Magistrate Ndombi ruled that the issue of bail review would only be considered after the court receives a pre-bail report, which is expected on Thursday.
Before being arraigned, Mumia was held in custody for four days by officers from the Directorate of Criminal Investigations, a period that drew criticism from civil liberties groups and free speech advocates over the length of his detention.
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