Prominent human rights activist Boniface Mwangi and four others have been released on a Ksh20,000 cash bail each, as police continue their investigation into allegations of publishing false information.
Milimani Principal Magistrate Gilbert Shikwe determined that the police application did not provide compelling reasons to deny the suspects bail for 21 days.
Boniface Mwangi and co
The suspects, alongside Mwangi, include Albert Wambugu, Robert Otieno, Pablo Chacha, and Erot Franco.
“Having considered submissions by both the prosecution and the defence, I find that there are no compelling grounds to deny the accused bail. I hereby grant them a cash bail of Sh20,000 each,” Magistrate Shikwe stated in his ruling.
The case is set to be mentioned on August 26, 2024.
The five are under investigation for alleged false publication, participating in an unlawful assembly, and creating a disturbance likely to cause a breach of peace.
The police have filed a miscellaneous application seeking custodial orders to complete their probe into these charges.
Mwangi is accused of false publication contrary to section 22(1) of the Computer Misuse and Cyber Crime Act, creating a disturbance in a manner likely to cause a breach of the peace contrary to section 95(1)(b) of the Penal Code and taking part in an unlawful assembly contrary to section 78(1) and 79 of the Penal Code.
Police said investigations are ongoing with a view of establishing the motive for carrying the assorted items that they were arrested with.
Phones confiscated
Also, the detectives noted that they confiscated the accused persons’ mobile phones and are in the process of conducting a cyber forensic analysis on them.
Additionally, police said that they were investigating where the white coffins and crosses were sourced from and their financier(s).
The officers are asking the court to allow them to detain the respondents, saying that their places of residence are unascertained and that their release could potentially hamper investigations.