Activist Morara Kebaso Released on Bail Amid Cyber Harassment Charges

Lawyer-turned-activist Morara Kebaso was on Tuesday released on a cash bail of sh50,000 shortly after being brought to the Milimani Law Courts.

Kebaso is required to appear before the High Court for a hearing on Friday, October 4. This release comes in the wake of charges preferred against him by the Director of Public Prosecution (ODPP), including cyber harassment, which falls under Section 27 of the Computer Misuse and Cybercrime Act. The events leading to Kebaso's arrest on October 1, 2024, centred around allegations of publishing false information about businessman David Langat on social media. The charge sheet details that Kebaso allegedly posted defamatory statements on his X account, suggesting that Langat was experiencing severe financial distress and that President William Ruto was involved in acquiring Langat's properties at below-market prices.

The specific post that triggered legal action claimed that President Ruto had approached Langat for campaign funding, leading to Langat securing substantial loans using his properties as collateral. The post further alleged that Langat was facing property auctions by banks, with President Ruto emerging as the buyer. During the court proceedings, the prosecution presented multiple charges against Kebaso, with cyber harassment being a key focus. The defence team, led by NARC-Kenya leader Martha Karua and comprising over ten advocates, contended that the case primarily concerned reputation and defamation rather than cyber harassment.

They raised questions about the identity of the complainant and the appropriateness of pursuing criminal charges in what they viewed as a civil matter. Known for his outspoken criticism of the current administration and his efforts to expose stalled government projects and alleged corruption, Kebaso has reported receiving threats and being surveilled. His case has elicited mixed reactions, with some political figures celebrating the arrest while others express concerns about its implications for freedom of speech and the right to criticize public figures. This legal battle unfolds against the backdrop of Kenya's Computer Misuse and Cybercrimes Act No. 5 of 2018, a piece of legislation that has been both lauded and criticized since its enactment.

While the Act aims to address various forms of cybercrime, including harassment and identity theft, critics argue that it may be used to suppress dissent and target activists and journalists. As the case progresses, it is expected to draw significant attention from legal experts, activists, and the general public. The outcome could have far-reaching implications for the interpretation and application of cybercrime laws in Kenya, particularly concerning the delicate balance between protecting individuals from online harassment and upholding freedom of expression.