Blogger arrested for allegedly defaming Waiguru claims Facebook account was hacked

Police have arrested a middle aged man over an alleged defamatory statement on Facebook against Kirinyaga Governor Ann Mumbi Waiguru.

According to Kirinyaga County Criminal Investigations officer Bernard Korir, the blogger was arrested and taken to Kerugoya Police Station for interrogation.

Korir revealed that the Governor Waiguru recorded statement with DCI prompting police to launch investigations.

The blogger however claimed that his account was hacked by unknown people.

President Uhuru Kenyatta has signed into law the Computer Misuse and Cybercrimes Bill 2018 two years ago.

The Act deals with offences relating to computer systems including but not limited to unauthorised access, false publications, cyber harassment, publication of false information, among others.

Section 22 (1) states: “A person who intentionally publishes false, misleading or fictitious data or misinforms with intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh. 5million or to imprisonment for a term not exceeding two years, or to both.”

The Act further states that pursuant to Article 24 of the Constitution, the freedom of expression under Article 33 of the Constitution shall be limited in respect of the intentional publication of false, misleading or fictitious data or misinformation that (d) negatively affects the rights or reputations of others.

“A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the Republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to both.”