In a recent twist of events, a Kenyan Blogger has found himself on the wrong side of the law, facing charges under the Computer Misuse and Cybercrimes Act of 2018. Silvance Adongo Abeta, who goes by the alias @WanjikuHSC on the internet, under the pseudonym Karen Wanjiku, was apprehended by the dedicated officers of the Serious Crime Unit, a division operating under the Directorate of Criminal Investigations (DCI).
Mr. Abeta’s alleged transgression involves a post made on his online platform that is said to have breached section 23 of the Computer Misuse and Cybercrimes Act, no. 5 of 2018. The contentious post read: “My NIS sources believe that the Nairobian Newspaper will be reporting confirmed bounty rumors about Kenya’s Deputy President Rigathi Gachagua AKA Riggy G wanting Ndindi Nyoro dead at a cost.”
This particular online post proved to be the catalyst for Mr. Abeta’s arrest, which took place on the 9th of September, 2023, in the Muthiga area of Kikuyu. The controversial message had been shared on the @WanjikuHSC account, registered under the name Karen Wanjiku HSC, and had been timestamped at 20:53hrs on the 3rd of September, 2023.
In a further statement issued by the DCI, Mr. Abeta was described as a “notorious cyberbully.” Additionally, the DCI asserted that the blogger had a history of disseminating false information while relentlessly bullying and harassing innocent Kenyan citizens.
Following his arrest, Mr. Abeta was held in custody at Muthaiga police station. He eventually entered a plea on the 11th of September in Milimani Law Court No. 5, with the court setting the date for his case to be heard as the 26th of September 2023.
This incident is not an isolated one, as the Computer Misuse and Cybercrimes Act has led to the apprehension and prosecution of several Kenyan citizens since its enactment. In a notable case from July, a Nairobi lawyer, Mr. Joshua Otieno Ayika, found himself before the courts after making a controversial statement on his verified Twitter account @ayika_joshua.
On the 16th of July, 2023, Mr. Ayika’s tweet warned, “……I am not a prophet, neither am I a soothsayer but get it from me, in between Wednesday – Friday next week we might have the army taking over from this “Biblical Regime”. Prepare for an Army to take Over Government for the next 90 days then we shall have elections.”
The prosecution argued that Mr. Ayika’s words posed a threat to public order and the security of Kenya. Presently, the lawyer is out on bail, awaiting a court hearing to address the charges brought against him.
It’s worth noting that when the Computer Misuse and Cybercrimes Act was initially signed into law, it stirred controversy and led to legal challenges. Both the Law Society of Kenya (LSK) and the Bloggers Association of Kenya (BAKE) went to court, seeking to suspend 26 sections of the act. They contended that these sections infringed upon their constitutionally protected rights and freedoms and could potentially be used to target bloggers and the media. However, their legal challenge was dismissed by the High Court.