Magistrate warns police against torturing suspect accused of ‘posting fake news about Ruto’
A magistrate has told police not to torture a jobseeker who allegedly published false information about President William Ruto on his social media account.
Milimani Law Courts Chief Magistrate Susan Shitubi required investigating officer Edwin Metto to humanely interrogate Benson Malova Ashiko for allegedly posting fake news about the Head of State.
The suspect who was arrested in Bungoma on January 25, 2025, will be incarcerated at Muthaiga Police Station. He is the latest social media user to be brought before court for publishing false information about Ruto: prison warder Jackson Kuria Kihara, alias Cop Shakur, faced similar charges last week.
The prosecution said Ashiko had posted a full casket draped in the Kenyan flag and a portrait of the president placed on it.
The magistrate heard Ashiko posted this on his X (formerly Twitter) account with the user name @Mr_Papi5. The police said he runs several other social media accounts where he posted the false information.
The alleged publication, the prosecution argued, was posted on January 18, 2025, and has elicited over 1.4 million views and 19,000 likes.
Pressing for the detention of the suspect for 14 days, Metto said “this crime has become rampant in the recent past where social media users post false information with edited photographs of what appears to be the image of the president of the Republic of Kenya…the said publications have caused fear and panic among the Kenyan citizens.”
The officer said they intend to charge Ashiko with publishing false information and cybercrime, which attract a fine of Sh5 million and or serving 10 years in prison in default.
He told the magistrate that the photo was grossly offensive and detrimental in nature towards the person whose image appears in the post.
Further, the court heard the publication was negatively intended to tarnish the reputation of the President together with members of his family.
The magistrate was told Ashiko has registered two mobile phones which he uses to operate the social media pages.
“As you carry out the investigations, I require you to carry out peaceful investigations in this matter which involves the topmost executive in the land. Do not torture this suspect who has already told me he has a health condition,” Shitubi told Metto while granting him four days to interact with the suspect.
She directed asked Metto to escort him to hospital to get medication since he said he was unwell. In addition, Shitubi directed the suspect be freed on a bond of Sh50,000 with an alternative cash bail of Sh5,000 after the lapse of the four days in police custody.
“This case will be mentioned on January 30, 2025, for further directions,” she ruled.
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