Web developer and activist Rose Njeri has been released after a Nairobi court ruled that the charges brought against her failed to constitute a criminal offense.
In his ruling, Magistrate Geoffrey Onsarigo stated that the two charges presented were ambiguous and did not disclose any offense under the law. “The two counts as presently presented do not disclose an offense as they are ambiguous,” he ruled.
Consequently, the court declined to admit the charges and ordered Njeri’s immediate release.
Njeri’s legal team also petitioned the court to order the return of her confiscated electronic devices, which included a mobile phone, flash disks, a hard drive, and a CPU. The prosecution, however, informed the court that the gadgets were still undergoing analysis by the Cybercrime Unit but assured they would be returned once the process was complete.
Her lawyers, among them former Chief Justice David Maraga, DAP-K party leader Eugene Wamalwa, and Wiper party leader Kalonzo Musyoka, argued that the ongoing processing of the devices violated her right to privacy. The court subsequently ordered that all the seized items be released back to her.
Njeri had been charged with unauthorized interference with computer systems, contrary to Section 16 of the Computer Misuse and Cybercrimes Act.
Her defense team had maintained from the onset that the charge sheet was defective and urged the court not to admit the charges. They also asked that she be released on personal bond or under lenient conditions.
Rose Njeri was arrested over her involvement in developing and launching “Civic Email,” a website allowing Kenyans to voice their objections to the proposed Finance Bill 2025.
She was released on Friday, June 20, following the court’s dismissal of the case and the order for the return of her gadgets.
