Case against Nyeri blogger dismissed
02 March 2016, 17:47
Nyeri - A Nyeri court has dismissed a case against a blogger, Martha Wanjiru Miano who allegedly insulted Governor Nderitu Gachagua’s brother, Geofrey Rigathi Gachagua.
Resident Magistrate John Aringo also said that an application to detain her in police custody for seven days had not been properly drafted.
Also read: Police, politicians asked to stop harassing bloggers.
While terminating the case, Aringo said detaining the suspect was in contravention of the constitution and bill of rights.
The Magistrate however said police were free build a new case against the suspect.
Miano was arrested Monday and arraigned in court but could not take plea as prosecution said police had not finished conducting their investigations.
Court allowed police to hold her for seven days.
Through lawyers Irungu Kang’ata, Muthui Kimani and Gichuhi Mwangi, Miano sought reversal of the court order saying she would not have been arrested if they had no evidence.
Lawyer Kang’ata said the application to detain Miano was erroneous since all witnesses had not recorded police statements and also the Cybercrime officers were yet to record their report.
He cautioned police against been used by politicians to intimidate those opposed to them.
Kang’ata, who is also Kiharu MP, said those aspiring to be politicians should accept to be criticized.
However, the prosecution through State counsel Rebecca Mayeku told the court that Miano had shown that she was likely to jeopardize police investigations.
The case investigating officer, Maximilla Amwatok, told the court that she arrested Miano and brought her to court fast because there was word going round that she was planning to escape.
The officer stated that the case had taken political dimensions since she was receiving phone calls from politicians while others visiting her office demanding release of the suspect.
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