Software Developer Released on Bond After Arrest Over Finance Bill Opposition

Software developer Rose Njeri was released on a Ksh100,000 bond after her detention over allegations that she interfered with government systems. 

The arrest, which coincided with the Madaraka Day holiday, stems from her involvement with an online platform opposing the Finance Bill 2025. Njeri faces two counts under the Computer Misuse and Cybercrimes Act No. 5 of 2018, both charging her with unauthorised interference with a computer system. 

The prosecution argues that her website, https://civicemail.netlify.app, was designed to send mass emails to the National Assembly's Finance Committee, thereby disrupting official procedures. The central legal question is whether her actions constitute cybercrime or a legitimate form of civic engagement. 

At the Milimani Law Courts, Senior Principal Magistrate Geoffrey Onsarigo postponed his decision on the legality of the charges until June 20. A high-profile defence team, including former Chief Justice David Maraga and Senior Counsel Kalonzo Musyoka, contends that the charges are baseless and politically motivated. 

They assert that Njeri's online campaign was a direct response to Parliament's invitation for public input on the Finance Bill, characterising her prosecution as a violation of constitutional rights. Kalonzo criticized Director of Public Prosecutions Renson Ingonga for pursuing the case, arguing it distorts justice by penalizing democratic participation encouraged by the government. 

Maraga echoed this sentiment, deeming the move unconstitutional and advocating for the case's immediate dismissal. Other defense lawyers emphasized that prosecuting Njeri sets a dangerous precedent, potentially discouraging public engagement in governance. 

Lawyer Kibe Mungai urged the court to invoke Sections 57, 89(5), and 134 of the Criminal Procedure Code to dismiss the charges, arguing their failure to establish a legitimate offence. Lawyer Erick Theuri highlighted alleged violations of Njeri's rights, including being held incommunicado and transferred between police stations, raising concerns about due process. 

Dr. John Khaminwa implored the court to protect democratic freedoms, warning that such prosecutions threaten fundamental rights and pushing for Njeri's unconditional release. Prosecutor Juma Owiti maintained that the charges were legally sound and urged the court to proceed, while not opposing Njeri's bond.