Political Activist Morara Kebaso Charged with Cyber Harassment; Defended By Martha Karua

Prominent political activist David Morara Kebaso, also known as Morara Kebaso Snr, was arraigned in court on charges of cyber harassment under Section 27 of the Computer Misuse and Cybercrimes Act No. 5 of 2018. Represented by NARC-Kenya leader Martha Karua and a team of more than 10 lawyers, Kebaso is accused of spreading false information aimed at tarnishing the reputation of billionaire businessman David Langat.

Kebaso’s charges stem from a post made on September 28, 2024, on his X account (formerly Twitter), where he alleged that President William Ruto sought financial aid from Langat during his campaign. According to the post, Langat reportedly took out significant loans using his properties as collateral, which have since been subject to bank auctions. Kebaso further claimed that President Ruto was using his influence to purchase Langat’s properties at below-market prices.

The charge sheet alleges that Kebaso, along with other unnamed individuals, knowingly disseminated false and defamatory information. However, Kebaso’s legal team has pushed back against the charges, framing the case as one of defamation and reputation management rather than cyber harassment.

The defense, led by Martha Karua, has raised multiple concerns, including the absence of a clearly identified complainant and the appropriateness of the charges. Karua and her team questioned the grounds for pursuing criminal charges in what they argue is a civil matter revolving around defamation. "This case should be addressed through civil litigation for reputational damage rather than criminal prosecution," argued one of Kebaso's lawyers.

Despite these objections, Kebaso was released on a cash bail of Ksh.50,000 after his arraignment. The case will be mentioned again on October 4, with further legal arguments expected regarding the nature of the charges.

Kebaso’s arrest followed his outspoken criticism of the government, particularly highlighting stalled public projects and allegations of corruption across the country. In late August, the activist claimed he was being trailed by government agents due to his investigative tours, during which he has exposed alleged mismanagement in various government initiatives.

The timing of his arrest has sparked a wave of commentary on social media, with supporters of the activist viewing the charges as politically motivated. Kebaso has been a vocal critic of President Ruto’s administration, and some speculate that the charges may be an attempt to silence his activism.

Kebaso’s case has ignited discussions about free speech, defamation laws, and the use of the Computer Misuse and Cybercrimes Act to curb political dissent. His defense team, led by a high-profile figure like Martha Karua, suggests that the case could have broader political implications, with the potential to set precedents for future cases involving online speech and reputation management in Kenya.

As the case unfolds, many will be watching closely to see how the court navigates the balance between addressing cyber harassment and upholding free speech, especially in a politically charged environment.baso’s activism, and emphasizing the political context, the article becomes more engaging and resonates with current events. Let me know if you’d like to refine anything further