Cybercrime detectives analyse varsity students' phones in hate leaflets case
Ten Moi University students charged with circulation of hate leaflets through a Whatsapp group appearing in an Eldoret court on September 6, 2022.They wanted the case withdrawn due to
Detectives have completed a forensic analysis on five mobile phones belonging to five of the 10 Moi University students charged with circulating hate leaflets ahead of the August 9 polls.
State Counsel Grace Gachau told Eldoret Chief Magistrate Dennis Mikoyan that submitting the forensic report on the gadgets was delayed because the cybercrime officers involved were busy elsewhere.
“Due to hectic work that our cybercrime officers had in relation to the just concluded presidential petition at the Supreme Court, they were not able to complete analysing all the 10 mobile phones. We hope to complete the process by Friday this week,” Ms Hachau told the court.
The delay hampered proceedings in the case, with the accused imploring the court to withdraw the charges.
The students were arrested on July 29 and charged in connection with the hate leaflets, which were circulated in a WhatsApp group.
The accused allegedly published false information using their mobile phones at Moi University in Kesses sub-county, Uasin Gishu, and caused fear and anxiety among Kenyans.
The leaflets warned certain communities to leave Uasin Gishu if they did not plan to vote for a certain presidential candidate.
They all denied the charges and were released on a Sh1 million bond each with a surety of the same amount or an alternative cash bail of Sh500,000.
They were also charged with publishing false information, contrary to the Computer Misuse and Cybercrimes Act of 2018.
After adjournments arising from the failure to present the forensic analysis report, the students’ lawyer, Oscar Oduor Opondo, told the court that prosecutors were not committed to prosecuting the case.
Mr Oduor said police had moved swiftly to arrest the suspects though they were not ready to prosecute the case.
“From the exhibit memo available in court, the said document was sent to document examiners way back in early August and to date the exhibit is not ready to be [produced] in court,” Mr Oduor told the court.
He asked the court to order the State to withdraw the matter.
Ms Gachau had asked for another adjournment after the anti-cybercrime unit failed to produce its report, but the lawyer objected, arguing that more delays could deny the students justice.
He urged the court to withdraw the case and release the students.
The magistrate, in response, directed prosecutors to provide the report in court on Wednesday and ordered that the matter be fully heard over two days.
Only the forensic report for five mobile phones was available, and the magistrate directed prosecutors to provide the rest on Monday.
The matter will be mentioned on September 12.
