Francis Gaitho, Alinur Mohammed in court over 'false' tweets
Francis Gaitho, who police said they were looking for when they abducted veteran journalist Macharia Gaitho, has been charged with publishing false information. Right: Alinur Mohammed Bulle.
A politician whom police claimed they were pursuing when they arrested veteran Nation Media Group journalist Macharia Gaitho has been charged with publishing false information about the identity of the suspect in the heinous Kware killings.
Francis Ng'ang'a Gaitho was brought before Milimani Senior Principal Magistrate Robinson Ondieki by the Directorate of Criminal Investigation (DCI).
At the same time, a businessman, Alinur Mohammed Bulle, was charged with publishing false news that he was the State House spokesman.
Gaitho, 44, represented by lawyers Dr John Khaminwa, Austin Kitinya and Dudley Ochiel, faced two counts of publishing false information and cyber harassment over the Kware women killings and the true identity of the suspect.
Gaitho, who Dr Khaminwa said surrendered at the DCI's offices on July 17, 2024, denied the false publication and cybercrime charges laid against him by the Director of Public Prosecutions.
"I wish to bring to the attention of this court that the accused surrendered himself at the DCI's office after he was informed that he was wanted," Dr Khaminwa submitted.
Kitinya and Ochiel supported the bail application, saying the accused was not a flight risk and had chosen to surrender to the authorities.
The defence lawyers prayed that the accused be released on bail or reasonable cash bail.
Prosecuting, Ms Everlyne Mutisya did not oppose the bail application but urged the court to take cognisance of the events leading to the charges brought before the court.
In his ruling, Ondieki released the accused on a cash bail of Sh30,000 until August 1, 2024, when the case will be mentioned for further instructions.
Gaitho was charged that “on July 15, 2024, at an unknown place in the Republic of Kenya, using his X (formerly Twitter) account”, he “wilfully published false information”.
Alleged information
The alleged information stated: "The @DCI-Kenya has released the name and photo of Collins Jumaisu Khalusa as the so-called serial killer linked to the bodies found at the Kware dumpsite."
The charge goes on to say that there is no public record of such a name, but cross-referencing the images on the X reveals that his name is Jairus Onkundi, a graduate of Meru University of Science and Technology.
Mr Ondieki heard that government propagandists published unverified names that did not appear anywhere on social media.
The court heard that the propagandists' desperate move was "to pacify the restless masses who voted for Ruto to vacate office because he cannot kill us and lead us".
The charge further alleges that Gaitho asked about the Githurai and Rongai massacres on his social media platform, which led to an escalation of missing persons reports before the mass anti-government protests.
In the cybercrime charge, Gaitho was accused of knowingly publishing information likely to cause Jairus Onkundi Morwabe apprehension or fear of violence and damage or loss of property by linking him to the Kware killings.
In the case of Alinur, the businessman denied that on July 15, 2024, at 1408hours, using his X social media account, he intentionally posted false data with the caption: "I am a journalist who became a spokesman for the House of Representatives, but I can't stand this propaganda anymore. It is against my ethics to lie, I would rather lose my job than compromise my principles. #RutoMustGo, #Angukanayo."
Mr Ondieki heard that Alinur falsely portrayed State House spokesperson Hussein Mohammed as the author of the said publication using the handle of "X" social media account "@Husseinmohamedg".
The judge heard that the defendant intended the said data to be treated as unauthentic.
Alinur was released on Sh30,000 cash bail after Ms Mutisya said the DPP was not opposed to the accused being admitted to bail.
A driving licence that had been taken away by DCI officers was returned to the accused.
The police also promised to return a mobile phone taken from the accused by August 1, 2024, as investigations will have been completed.
