Makueni Senator Maanzo has told the High Court that if President William Ruto does not want the movements of his aircraft to be publicly tracked, he should instruct the pilot to switch off the aircraft’s tracking device while he is on board instead of prosecuting individuals who access publicly available flight data.
Maanzo made the submissions during the hearing of a case involving Halima Ngache, a woman accused of publishing the President’s flight movements on social media through an X account allegedly linked to her.
The senator argued that the information in question was obtained from publicly accessible aviation tracking platforms and could not be classified as secret or confidential. He told the court that aircraft tracking technology is used globally and allows members of the public to monitor flights in real time. According to Maanzo, if the government considers the President’s flight movements to be a security concern, the solution lies in aviation procedures rather than criminal prosecution.
“If the President does not want his aircraft to be tracked, he should direct the pilot to switch off the tracking device while he is on board,” Maanzo submitted.
His arguments were echoed by defence lawyer Ndegwa Njiru, who challenged the prosecution’s evidence, saying investigators had failed to demonstrate that President Ruto was actually aboard the aircraft whose movements were allegedly tracked. Njiru told the court that without producing the aircraft’s passenger manifest, there was no basis for a judicial officer to verify the prosecution’s claims.
“There is no evidence before this court showing that President Ruto was on the aircraft alleged to have been tracked by Halima,” the lawyer argued.
He further contended that the case raises constitutional concerns because the President enjoys immunity from civil and criminal proceedings while in office. According to Njiru, since President Ruto cannot be compelled to testify or be cross-examined in court, Ngache would be denied the constitutional right to confront her accuser, thereby undermining her right to a fair trial.
The defence also maintained that the prosecution had not established any offence, insisting that accessing information already available on public flight-tracking websites cannot amount to a criminal act.
Ngache was arrested by officers from the Directorate of Criminal Investigations (DCI) Serious Crimes Unit following what investigators described as an intelligence-led operation. Detectives allege that she is linked to the verified X account @sholard_mancity, which is accused of publishing President Ruto’s flight routes and travel details in real time.
The prosecution claims the posts violated provisions of the Computer Misuse and Cybercrimes Act and posed a threat to national security by exposing the President’s movements. Ngache, however, has denied owning or operating the X account.
Through her lawyers, she told the court that although investigators seized her mobile phones and electronic devices during the arrest, the account remained active and continued posting content, demonstrating that it was being operated by someone else. Her legal team has also challenged the legality of the investigation, arguing that detectives searched her residence and seized electronic devices without first obtaining a court-issued search warrant, in violation of her constitutional rights.
Earlier, the High Court ordered her release from police custody after finding that investigators had been granted sufficient time to conduct their inquiries. The court directed that any further investigations should proceed while she remains at liberty unless lawfully required to appear before investigators or the court.
The matter is scheduled to proceed before the High Court as the court determines whether the prosecution has established a legal basis to charge Ngache over the publication of the President’s alleged flight movements.
