NAIROBI, Kenya — A Nairobi court has dismissed cyber harassment and computer misuse charges against Rose Njeri, a software developer and civic activist, terming them “defective” and lacking legal merit.
Milimani Principal Magistrate Geoffrey Onsarigo on Friday discharged Njeri under Section 89(5) of the Criminal Procedure Code, ruling that the charges brought against her failed to disclose any recognizable offence under Kenyan law.
“The court is guided by constitutional provisions guaranteeing every person a fair trial,” Onsarigo said. “The two counts fail to meet the threshold for a legally sound charge and are therefore rejected.”
Njeri had been arrested on May 30, 2025, after police raided her home.
She was later charged under Section 16 of the Computer Misuse and Cybercrimes Act, 2018, with “unauthorised interference with a computer system.”
The charges stemmed from her role in developing an online platform that allowed Kenyans to email the National Assembly’s Finance Committee and share their views on the contested Finance Bill, 2025.
The platform sparked digital mobilisation around the bill, which has faced widespread criticism from civil society and young Kenyans.
In court, Njeri’s legal team — led by senior lawyers Kalonzo Musyoka, Eric Theuri, and former Chief Justice David Maraga — argued that the prosecution was misusing cybercrime laws to criminalize public participation.
“The email Njeri’s platform directed users to was created by Parliament specifically for public submissions,” said Theuri. “It’s baffling to claim she committed an offence by helping citizens use a tool meant for them.”
The defence team further argued that the charges violated constitutional rights, including the freedom of expression and the right to participate in governance.
Magistrate Onsarigo agreed, ruling that the charge sheet did not clearly outline what offence Njeri had allegedly committed.
Njeri was initially released on a personal bond of KSh100,000 after being arraigned, with human rights groups including Amnesty International and FIDA-Kenya calling for the charges to be dropped.
Her acquittal is likely to intensify scrutiny over the government’s use of cybercrime laws, which digital rights advocates say are increasingly being weaponized to silence dissent.
Speaking after her discharge, Njeri thanked supporters and vowed to continue championing civic tech tools that promote citizen engagement.
“This case was never just about me — it was about our right to speak, organise, and be heard,” she said outside the courthouse. “We will not be silenced.”
