Blogger Cyprian Nyakundi has been released after the Director of Public Prosecutions Noordin Haji directed the withdrawal of a case he was facing at the Kiambu Magistrates’ Court.
Haji also directed the Senior Assistant DPP in charge of Kiambu to apply for the closure of the file and that no further criminal charges relating to the application should be registered against Nyakundi, who was being held at Muthaiga Police Station, without his express authorisation.
“No criminal charges should be registered against the above named individual pursuant to the miscellaneous application without my express authorisation, ” Haji said in a letter dated May 16.
The DPP acted after Nyakundi’s lawyer, Apollo Mboya, sought his intervention and that of Chief Justice David Maraga protesting the manner his client has on various occasions been seized from the streets of Nairobi CBD and whisked to Kiambu where the courts issue orders despite the matters being outside their jurisdiction.
Nyakundi has severally been arrested or charged with regard to his social media postings.
Nyakundi was first arrested on April 28 following allegations that he abused Nairobi Governor Mike Sonko on social media. He was freed and re-arrested on May 14.
He added that his offence of misdemeanour and abuse of cyberspace does not necessitate a detention period of three days
The letter dated May 16 was addressed to the senior director of public prosecution and copied to the director of criminal investigations and Nyakundi’s lawyer.
Tweeting from the police cell, Nyakundi said the Directorate of Criminal Investigations brought four cases against him.
He said Sonko, Kirinyaga governor Anne Waiguru, NCIC, and Kenya Power MD Ken Tarus are the complainants.
Following the closure of the case, Mboya expressed his gratitude and announced her had also closed the case.
Immediately he became a free man, Nyakundi did not waste time taking to social media to hit out at a blog site that reported that the DPP had come to his rescue, saying he acted independently in accordance with the Constitution and not an extension of a favour to a friend.
He also thanked Mboya and the DPP for intervening in the matter.
“Thank you @MboyaApollo for fighting the good fight. Thank you also new DPP of @ODPP_KE Mr Noordin Haji for being a good custodian of the constitution. Thank you to all Kenyans of goodwill who expressed their support towards me. I’m forever grateful,” he tweeted.
With President Uhuru Kenyatta on Wednesday signing into law the Computer Abuse and Cybercrimes Bill, which lays out various offences and heavy penalties, many would be watching how he conducts himself going forward.
