Maraga applauds web developer Rose Njeri as court dismisses cybercrime charges
Former Chief Justice David Maraga has hailed the Milimani court’s decision to dismiss cybercrime charges against activist and web developer Rose Njeri Tunguru.
In an official statement shared via his X account on Friday, June 20, 2025, Maraga described the dismissal as a victory for freedom of expression and an affirmation of the constitutional principle that digital rights are human rights.
He noted that the triumph was made possible by Njeri’s courage and the solidarity shown by Kenyans. According to him, the outcome has demonstrated that the Constitution empowers Kenyans to determine how they wish to be governed, including who governs them.
“I congratulate Rose Njeri Tunguru on the dismissal of the unfounded charges against her of ‘unauthorised interference with a computer system’. This is a victory for the freedom of expression and an affirmation, as provided for in our constitution, that digital rights are human rights,” Maraga stated.
“This victory was possible because of Rose’s velour and the solidarity Kenyans accorded her. It is therefore a testament that the Constitution gives Kenyans enormous power to determine how they wish to be governed, including who governs them.”
The former CJ further stated that the case served as a reminder that parts of the Computer Misuse and Cybercrimes Act, 2018, are unconstitutional, adding that what is even more troubling is how security agencies exploit that law as a tool for intimidation and harassment.
He urged Parliament and the courts to exercise their constitutional powers to bring an end to this abuse.
“It is also a reminder that parts of the Computer Misuse and Cybercrimes Act, 2018, are unconstitutional and, worse, that our security agencies use that law as a tool of intimidation and harassment. We urge parliament and courts to exercise their respective powers to end this abuse,” Maraga added.
“Let’s continue standing up for our Constitution as we reset, restore and rebuild Kenya.”
Njeri’s case
Maraga’s congratulatory message comes after a Milimani court on Friday, June 20, 2025, dismissed charges lodged against Njeri.
According to Principal Magistrate Geoffrey Onsarigo, the court found that the charges pressed against her by the Directorate of Public Prosecutions (DPP) do not disclose any offence she can be charged with.
In his ruling, Magistrate Onsarigo also stated that the two charges do not meet the legal threshold to constitute a crime under the Computer Misuse and Cybercrimes Act.
“Upon perusal of the entire Section 13 of the Computer Misuse and Cybercrimes Act, the particular offence, the charges do not allege, as provided under Section 16.3, whether the system crashed,” Magistrate Onsarigo ruled.
“This court is persuaded that, in line with the safe provision of statute and the reasons that I have stated above, I hereby refuse to admit the two counts before this court and, therefore, I hereby proceed to discharge the subject, the suspect that is lost in the written rule, under Section 895 of the Criminal Procedure Code.”
