KDRTV News – Nairobi: Software developer Rose Njeri Tunguru, 35, was arrested on May 30, 2025, after she launched a website designed to automate citizen objections to the Finance Bill 2025 by sending mass emails to the National Assembly’s Finance Committee at [email protected]. The Office of the Director of Public Prosecutions (ODPP), following investigations by the DCI’s Serious Crimes Unit, charged her under Section 16 of the Computer Misuse and Cybercrimes Act No. 5 of 2018 for alleged unauthorized interference with a government computer system.
On June 3, at Milimani Law Courts, Principal Magistrate Geoffrey Onsarigo heard state and defence submissions. Prosecutor Victor Owiti insisted the charge sheet clearly defined the offence and particulars, supported by witnesses including digital forensic experts and parliamentary IT staff ready to attest to system disruption. Defence counsel argued that the email address in question was provided by Parliament for public input, rendering Njeri’s actions lawful and within constitutional rights. After reviewing these arguments, the magistrate granted her release on a personal bond of KSh 100,000 and ordered a mention on June 20 to decide if the charges meet statutory requirements for plea taking.
Njeri’s defence team led by former Chief Justice David Maraga, Wiper Party leader Kalonzo Musyoka, and LSK figures Eric Theuri and Ndegwa Njiru, highlighted breaches of Articles 49 and 50 of the Constitution, citing her four-day detention without timely bail or access to counsel. Amnesty International Kenya also decried violations of her rights, calling for immediate and unconditional release pending a fair trial.
The case has sparked nationwide debate on the balance between cybersecurity enforcement and freedom of expression. Critics warn that broad provisions of the Cybercrimes Act, along with proposed KSh 20 million fines in the amendment, could stifle legitimate dissent. Activists staged demonstrations at Milimani Courts, chanting against police overreach and defending digital protest as vital to democracy.
As the judiciary prepares to rule on the validity of the charge sheet, legal analysts predict two possible outcomes: amendment or dismissal of charges if particulars are found deficient, bolstering digital dissent safeguards; or affirmation of the state’s stance, potentially emboldening future prosecutions under the Cybercrimes Act and reshaping Kenya’s online civic space.
Read Also: https://www.kdrtv.co.ke/news/gachagua-demands-for-immediate-release-of-activist-rose-njeri/
