Activist Morara Kebaso has contested a cyber harassment charge filed by the state, urging the court to drop the case on grounds that it does not disclose a valid offense.
Appearing before Chief Magistrate Lucas Onyina, Morara was released on a Sh 50,000 cash bail pending the court’s decision on whether he will be required to take a plea.
Led by senior counsel Martha Karua, Morara’s legal team argued that the charge sheet was defective and should be dismissed. The activist is accused of knowingly posting false information on social media about President William Ruto and an individual named D.L. Langat.
In the post shared on his X account (formerly Twitter), Morara claimed that President Ruto had approached Langat for additional campaign funds, using his properties as collateral for loans. According to the post, Langat’s properties were later auctioned by banks, with Ruto allegedly taking advantage of his power to buy them at undervalued prices.
“Right now, Langat is being auctioned by banks, and the person buying the properties is Ruto. To make matters worse, Ruto has used his power to undervalue the properties to buy them at a cheaper price. That is the kind of person we are dealing with. He has no friend,” the post read.
Lawyer Willis Otieno, also representing Morara, argued that the issue raised in the charge sheet concerns defamation, which is a civil matter and not a criminal offense. He stated that if President Ruto or Langat felt their reputations were damaged, they should seek redress through civil litigation rather than criminal proceedings.
Morara’s legal team further challenged the charge sheet’s lack of clarity, noting that it did not specify who among the two individuals is the actual complainant. They emphasized that the failure to provide sufficient details makes it impossible for Morara to respond to the charges.
The Office of the Director of Public Prosecutions (ODPP), however, countered by asserting that Morara’s post was deliberately false and intended to tarnish and discredit the reputation of the President.
The court is set to deliver its ruling on the matter on October 4, 2024.
