Rose Njeri freed on bond as court sets June 20 hearing

A Nairobi court has released software developer and civic activist Rose Njeri on a personal bond of Sh100,000 after she was arrested and detained over alleged cyber harassment and computer misuse.

Milimani Principal Magistrate Geoffrey Onsarigo granted the bond on Monday following arguments from Njeri’s defence team, which called the charges unconstitutional and unclear.

Njeri was arrested on Friday last week and held in custody without police bail. Her lawyers, including former Chief Justice David Maraga, Wiper party leader Kalonzo Musyoka, Eric Theuri and Ndegwa Njiru, urged the court not to proceed with plea taking.

They argued that the email address Njeri allegedly used to commit the offence was created by Parliament for public use during consultations on the Finance Bill 2025.

"Your honour, we fail to understand how to respond to the charge since the email used originated from the government, and that means any person who sent an email to the same is a victim," Theuri submitted.

He said Njeri did not break any laws, and that the defence could not advise her how to plead under the current circumstances.

Theuri also asked the court to order the return of Njeri’s seized gadgets, saying they were taken unlawfully.

Lawyer Abna Mango added that her arrest and detention violated her constitutional rights.

"The rights of the suspect were breached as bestowed under Article 49 of the constitution," Mango told the court.

The prosecution, led by Victor Owiti, opposed the application and maintained that the charge and particulars were clear.

"Your honour, the charge and the particulars of the offence are well stated and the plea taking can proceed," said Owiti.

He asked the court to apply Section 89 (5), which limits the court to ruling only on whether the charges are stated properly.

Magistrate Onsarigo directed the case to be mentioned on June 20, when the court will decide if Njeri will be required to plead to the charges.