Benson Malova Ashiko, a man who was arrested for sharing a doctored photo portraying the funeral of President William Ruto has been detained for four days to allow the police to complete their investigations.
Milimani High Court Chief Magistrate Susan Shitubi on Monday, January 27, 2025, directed Ashiko to be detained at the Muthaiga police station as requested by the Directorate of Criminal Investigations (DCI) Serious Crime Unit (SCU).
According to the application filed by SCU Officer Edwin Metto, the respondent through his X account Ash Papi_TM @Mr_Papi5 shared and edited a photo portraying a funeral of President Ruto and captioned it with ‘condolences to the first family’, information deemed to be false and misleading.
“The applicant is investigating a case of publication of false information contrary to section 23 of the computer misuse and cybercrimes Act No. 5 of 2018 whereby the user of the above stated account is involved,” part of the the DCI’s SCU application read.
Further, the application states that the said publication made by Ashiko could as well affect the reputation of the President of the Republic of Kenya together with other members of his family whose images were also shared in the said photo.
Torture
Meanwhile, Magistrate Shitubi ordered officer Metto to ensure the respondent is not tortured while in custody arguing that there has been fears of people who are linked with cases involving the most powerful being tortured.
“I hope you have understood, I just want to know that you understood, you know every cases affecting the most powerful there is that fear that maybe he will be tortured please don’t, let him not be tortured, give him the best circumstances you can for remand,” Magistrate Shitubi directed.
The DCI had requested to detain the respondent for 14 days to complete investigations but due to health complications mentioned to court he will be detained for four days.
The court has also directed he be allowed to access treatment by being taken to hospital to access the drugs he requires.
Shitubi also directed that if by the end of the four days the officer in charge will not be through with the investigations, the respondent will automatically be released on a Ksh50,000 bond or Ksh5,000 cash bail.
Ashiko was arrested on January 24, 2025, in Bungoma township within Bungoma County and later escorted to Nairobi and placed in custody at Muthaiga police station vide OB Number 25/25/01/2025.
The matter will be mentioned in court for further directions on February 10, 2025.
