Blogger charged with publishing false information about Lamu county official

By Reporter 

Blogger Donald Mwendwa Nzau popurlary known as “Password” was today arraigned before a Lamu Law court on charges of publishing false information through Whatsapp group.

The blogger had presented himself before the Lamu Court following his detainment over remarks he made in a popular whatsapp group known as Lamu Yetu Sote through which he was accused of publishing false information contrary to section 23 of the Computer Misuse and Cybercrimes Act 2018.

His charge sheet read: “On 20^th day of July 2023at around 1244hrs at an unknown place within the republic of Kenya, through a safaricom mobile number registered under your name. You made a publication on LAMU YETU SOTE whatsapp group of which you are a member stating “offcos we are not on the same level mwanaharamu wa kijaluo jambazi sugu. Nimekufunza kuvaa viatu 2019” You made this publication knowing they are false and meant to discredit the reputation of Shee Kupi Shee.”

The Computer Misuse and Cyber Crimes Act 2018 prohibits the publication of unverified information.  The law spells penalties in forms of fines or jail terms for such offenders.

According to Section 22 (1) of the law: “A person who intentionally publishes false, misleading or fictitious data or misinforms with the intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding two years, or to both.”

Mwendwa had presented himself before the Lamu Central Police Station today following orders for him to avail himself before a warrant of arrest was issued.

He however pleaded not guilty to the charge of false publication as he appeared before Resident magistrate Flavian Mulama.

The blogger was represented by his lawyer Victor Soita released on a Kshs 50,000 bond  or Kshs 25,000 cash bail with his case set for further hearing on July 1^st 2024.

Donald Mwendwa Nzau is no stranger to defamation charges having also been arrested in 2023 and charged with a similar publication of false information charge against Machakos Governor Wavinya Ndeti.