A Nairobi court on Tuesday released lawyer and political activist David Morara Kebaso on cash bail of Sh50,000 pending ruling on dismissal of charges preferred against him.
Kebaso through his lawyers Martha Karua, Eric Theuri and Ndegwa Njiru argued that the charges brought against him reflect bad faith and abuse of judicial power.
According to them the charges do not contain a statement of the specific offence and enough information to demonstrate the nature of the offence.
They said it is unclear whether Morara is being accused of cyber harassment, publishing false information or defamation.
The defence claimed that the charge sheet itself shows discrepancies, indicating that Morara was arrested on October 1, despite the fact that he was apprehended on September 30.
They argued that the police have a duty to fully disclose all material facts in the case.
“The charges disclose the bad faith in the matter, the charge sheet in itself indicates they arrested him today but they arrested him yesterday. They have a duty to disclose all the material facts,” Ndegwa told the court.
Karua wants the charges to be dismissed entirely, labeling them as defective.
“Our submissions will make it clear that the charges should be rejected. The court must ensure that Morara is invited to plead to a charge that properly discloses the factual basis of the case,” said Karua.
The defence also accused the police of denying them access to Morara while he was being arrested.
“I was with Morara during his arrest but the police refused to grant me access, in violation of High Court orders that require them to follow the Constitution. The police also did not disclose why they were arresting him or identify themselves,” Theuri said.
They want the Directorate of Criminal Investigations (DCI) to release Morara’s seized property, including three phones and a laptop, which were taken during his arrest.
The defense asked the court to release the activist on a personal bond, contending that he is not a flight risk.
“He is a well-known individual and not a danger to society. Detaining him unnecessarily only encourages the police to continue flouting court orders,” Karua added.
The prosecution on their part argued that the charge sheet meets the requirements set out under section 137 of the criminal procedure code (CPC).
According to prosecution counsel Duncan Ondimu, Morara, who was arrested Monday and produced in court within the required time, is adequately informed of the charges against him.
Ondimu told the court that the charge sheet complies with legal standards.
“The CPC clearly requires that a charge sheet contains two critical elements—the statement of the offense and the particulars of the charge,” he argued.
“There has been no dispute from the defense regarding the presence of both these elements.”
In response to the defense’s contention over the definition of harassment, Ondimu noted that the Computer Misuse and Cybercrimes Act does not strictly define harassment, as it can take various forms.
“The particulars of the charge have clearly informed the accused of the accusations he is facing,” the prosecution stated.
“The defense is asking the court to delve into the substance of the case, but at this point, the focus should remain on whether the charge sheet has sufficiently informed the accused, which it has.”
The political activist has been charged with cyber harassment under Section 27 of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
The charges that follow his dramatic arrest on Monday stem from an incident that occurred on September 28, 2024.
Kebaso has been accused of posting false and defamatory information on his X (formerly Twitter) account about billionaire businessman David Langat.
The charge sheet alleges that Kebaso, along with others not yet before the court, knowingly posted a message intended to discredit Langat and damage his reputation.
The post falsely claimed that President William Ruto had approached Langat for financial assistance during his campaign, leading Langat to take out substantial loans using his properties as collateral.
It further alleged that Langat was now facing an auction by banks and that President Ruto was using his influence to purchase Langat’s properties at undervalued prices.
