Nuru Okanga: Raila Odinga's Diehard Supporter Charged With Abusing William Ruto

• Vocal political activist Nuru Okanga was arrested for allegedly addressing the president in abusive and demeaning language
• His lawyer, Emmanuel Kibet, claimed that Okanga was still a student awaiting to join Form One and, hence, prayed for his release on lenient bail terms
• Raila's diehard supporter pleaded not guilty to the accusations before Magistrate Lucas Onyina, attracting his release on KSh 10,000 cash bail

Nancy Odindo, a journalist at TUKO.co.ke, brings more than three years of experience covering politics, news, and feature stories across digital and print media in Kenya.

Raila Odinga's diehard supporter, Nuru Okanga, is facing criminal charges for using unprintable insults against President William Ruto.

He was charged with one count of publication of false information, contrary to Section 23 of the Computer Misuse and Cybercrime Act.

According to the prosecution, Okanga's claims as captured in a video were false and calculated to discredit the reputation of a state officer with the intent to provoke a breach of peace.

"He uttered the following words: ...Yaani unakuja kudanganya wakenya mchana kuwa mafuta haikuwa... (...Ruto you came here to deceive Kenyans in broad daylight that there was no fuel...)," read the charge sheet in part.

Okanga freed on cash bail

His lawyer, Emmanuel Kibet, asked the court to give him lenient bail terms as he is a student who intends to join Form One next year.

"Your honour, my client is a student who intends to join Form One next year; he is not a flight risk. He is a family man with three young children; he lives in Riverside. We are asking for reasonable bail terms," Kibet prayed.

The vocal political activist was freed on KSh 10,000 cash bail after denying the charges before Milimani Law Courts Chief Magistrate Lucas Onyina.

The case will be mentioned on December 13 this year.

Okanga arrested while taking shower

Okanga informed TUKO.co.ke that he was arrested by four DCI officers while having his morning bath at his Riverbank home in Kayole, Nairobi, on November 29 at 9am.

He claimed that he was forced to dress up before his children.

Why Okanga's arrest may be unconstitutional

In 2017, Judge E C Mwita of the High Court declared Section 132 of the Penal Code unconstitutional and invalid.

He stated that public criticism is necessary for citizens to inform their leaders about actions that may not serve the nation's interests, and such criticism helps public officers understand citizens' feelings.

The ruling came after the now Kileleshwa MCA, Robert Alai, filed a petition following his purported abusive remarks on the ex-president, Uhuru Kenyatta.

“Insulting Raila is what Uhuru can do. He hasn’t realised the value of the presidency. Adolescent President. This seat needs maturity,” he wrote on Twitter.

Alai argued that in a multi-party democracy, the offence of "undermining the authority of a public official" is not suitable, emphasising the importance of individuals having the freedom to discuss their government.

His submission was that the offence made illegal what should be considered "fair criticism in a society that values freedom and democracy, and that the criticism did not hinder the President's ability to fulfil his responsibilities."

Mwita said that “public officers have to condone criticism in an open and democratic state” and a “legislation’s purpose should not be to repress this right” (para. 32).