NAIROBI, Kenya – A Milimani Magistrates’ Court has issued a warning to police, urging them to avoid torturing a man under investigation for allegedly posting a digitally altered photo of President William Ruto in a casket on social media platform X.
Magistrate Susan Shitubi, presiding over the case, highlighted the sensitivity of the matter, acknowledging concerns of potential mistreatment due to the involvement of influential figures.
“Let him not be tortured. If you need to charge him, charge him, but please, he shouldn’t be tortured,” Shitubi emphasized.
The court also balanced its stance by stressing the need to protect the suspect’s rights while ensuring that any potential crime is treated with the seriousness it deserves.
The suspect, identified as Benson Malova, was apprehended on January 21 in Bungoma township before being transported to Nairobi and detained at Muthaiga Police Station.
He is accused of publishing false information, an offense under section 23 of the Computer Misuse and Cybercrime Act.
Detectives from the Serious Crimes Unit allege that Malova, using the X account “Ash papi TM,” shared an altered image depicting a funeral for President Ruto.
The post, captioned “my condolences to the first family,” reportedly attracted over 1.4 million views.
Police told the court they are conducting a forensic examination of a mobile phone seized from Malova.
The phone was allegedly paired with SIM cards registered under different names, raising questions about his true identity.
The Directorate of Criminal Investigations (DCI) had sought to detain Malova for 14 days to complete their investigations.
They argued that releasing him could result in him fleeing before his identity is fully confirmed.
However, Magistrate Shitubi declined the request and granted only four days, noting that the suspect would be released automatically if the investigation was not concluded by Friday.
