A National Polytechnic student was freed of the offense of allegedly impersonating former Nairobi Governor Mike Sonko and publishing nude pictures using a Facebook account he had created.
Tyson Kibet aged 23-years-old was acquitted on Thursday after Sonko presented himself at a Milimani court and withdrew the case.
He was acquitted by the trial Magistrate Geoffrey Onsarigo.
Sonko told the court that he decided to forgive the accused and withdraw the case after his family approached him while pleading.
He maintained that he had not been coerced to arrive at the decision and will not revive the case again.
On his part Kibet thanked Sonko for forgiving him maintaining that he would concentrate fully on his education and will not repeat again committing the offense.
He at the same time requested Sonko to employ him in one of his offices or firms so that he can be able to assist his family and pay for his education.
Kibet who is a third-year student at the National Polytechnic had in May this year charged before Milimani Chief Magistrate Susan Shitubi for the offense.
He denied charges of CyberSquatting contrary to section 28 of the Computer Misuse Act.
According to the charge sheet, Kibet created a Facebook account in the name of Mike Sonko without the authority of the said former county boss.
The prosecution said that on November 25, 2023, at an unknown place within the Republic of Kenya, intentionally he created the said Facebook account with the intent to defraud Kenyans using Mike Sonko’s credentials.
The prosecution pleaded with the court to either deny him bond or release him on very stringent bond terms.
The prosecution added that there is no document in court to show that he is a student or anything to show he has exams.
“Give bond terms relating to the offence,” the prosecution told the court.
However, his lawyer objected to the submission by the prosecuting Counsel stating that the accused is a student and that he has ongoing exams tomorrow hence he ought to be released on very low bond terms.
“He is a victim of circumstances in this even his classmates have raised Sh50,000 through WhatsApp group to help in cash bail. Kindly grant him the amount to enable attend classes,” his lawyer told the court.
In the ruling, the Magistrate said that the accused was a young man and he could be a student and he could be having ongoing exams hence he deserved to be released on reasonable bond terms.
“I have listened to the submissions from both the prosecuting counsel and the defence. The accused person herein is a young man, he could be a student at the said college and he could be having ongoing exams”, the magistrate said.
She released Kibet on a cash bail of Sh200,000 or a bond of Sh1 million.
However he had continued staying at Industrial area prison, Nairobi because his family couldn’t afford meeting his bond terms.
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