Court Frees Software Developer Rose Njeri, Declares Cybercrime Charges Baseless

In a big win for digital rights in Kenya, a Nairobi court has freed Rose Njeri, a renowned website developer and vocal activist, after ruling that the cybercrime charges against her were ambiguous and baseless.

Milimani Magistrate Geoffrey Onsarigo discharged Njeri, stating that the accusations failed to meet the legal threshold under the Computer Misuse and Cybercrimes Act — a law that has recently come under sharp criticism for its misuse to silence civic engagement.

“I hereby refuse to admit the two counts before this court and proceed to discharge Rose Njeri under Section 89(5) of the Criminal Procedure Code,” ruled Onsarigo.

The prosecution had claimed that Rose Njeri created an online tool that enabled Kenyans to send mass emails to the Finance Committee of the National Assembly, protesting the highly controversial 2025 Finance Bill headed for President Ruto’s assent.

However, the magistrate found the charge wanting:

“The charge plainly states that the suspect sent emails to an address created for receiving emails. It does not allege any system crash, service disruption, financial loss, or threat to national security,” Onsarigo ruled.

Citing Article 25(c) and Article 50 of the Kenyan Constitution, he emphasized that every accused must face clear and specific charges to guarantee the right to a fair trial.

Rose Njeri’s high-powered legal team — which included former Chief Justice David Maraga, Senior Counsel Kalonzo Musyoka, Senator Dan Maanzo, Eric Theuri, Kibe Mungai, Ndegwa Njiru, and Khaminwa — argued passionately that the case was a clear abuse of prosecutorial power.

“If her only ‘crime’ is empowering Kenyans to say yes or no to the Finance Bill 2025, then we are criminalizing free speech and civic engagement,” said Maraga.

Former LSK President Eric Theuri added that Kenya’s cybercrime laws should protect citizens from real threats like hacking and malicious attacks, not silence activism:

“Rose Njeri simply enabled the public to use a government email for its intended purpose. This ruling protects freedom of expression in Kenya.”

This acquittal comes amid rising tensions over the Finance Bill 2025, with civil society groups praising the decision as a milestone for digital freedom, online activism, and constitutional rights in Kenya.