Chief Magistrate Susan Shitumbi has issued a stern warning to police against mistreating Benson Malova Ashiko, a man accused of posting a controversial image of President William Ruto in a casket on his X (formerly Twitter) account.
The incident has sparked debate about freedom of expression and legal boundaries in Kenya.
During a session at the Milimani Law Courts, Shitumbi expressed concern that Ashiko could face torture while in custody and directed the police to ensure his humane treatment.
The magistrate also ordered that Ashiko receive medical attention for a reported chest ailment.
Ashiko is facing allegations of publishing false information and cyber harassment, in violation of Kenya’s Computer Misuse and Cybercrime Act of 2018.
According to an affidavit filed by Corporal Edwin Metto of the DCI’s Serious Crimes Unit, Ashiko posted an edited image implying the president’s demise, accompanied by a caption expressing condolences to the First Family.Photo: courtesy of People Daily, Page 5
The police argued that the post was misleading and could incite public alarm.
While acknowledging the gravity of the allegations, Shitumbi noted that the offences do not warrant prolonged detention.
She approved a request to hold Ashiko at Muthaiga Police Station for four days to allow further investigations.
However, if the probe is incomplete by January 30, Ashiko will be eligible for release on a cash bail of Ksh 50,000.
This case highlights the judiciary’s balancing act between addressing cybercrime and safeguarding individual rights, particularly regarding treatment in custody.
By Newsmedia