Suspects charged with posting CCTV footage of Uhuru, Raila freed on bail

A viral video of President Kenyatta and ODM leader Raila Odinga inspecting a deserted Kenyatta Avenue by night created a sensation when it hit social media.

That June 2 video has now landed two guards at Sarova Stanley Hotel in trouble.

Ms Janet Magoma Ayonga, a CCTV controller contracted at the hotel and Mr Patrick Rading Ambogo, a security supervisor, who are suspected of leaking the video captured by the hotel’s CCTV cameras were Wednesday charged with unauthorised interception of computer data under Section 17 (1) of the Computer Misuse and Cyber Crimes Act.

The suspects were employed by Fidelity Guards and Robinson Security who are New Stanley Hotel's property security guards and CCTV operators respectively.

The two were accused of “jointly intentionally and without authorisation intercepted a security CCTV footage capturing the Head of State’s entourage along Kenyatta Avenue.”

The charge, on conviction, carries a fine of Sh10 million or a jail term of not more than five years or both.

That section of the law reads: “A person who intentionally and without authorisation does any act which intercepts or causes to be indirectly and causes the transmission of data to or from a computer system over a telecommunication system commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years or both.”

Applying to be supplied with evidence defence lawyers Apollo Mboya and Danstan Omari said they expect the statements to comprise those of President Kenyatta and Mr Odinga.

Mr Omari said in a bid to prove the video which went viral, President Kenyatta and Mr Odinga, are required to state whether they are the ones who were featured in the video.

He added that they will challenge the validity and legality of the charge since the two suspects are neither employees of State House and have never had access to enable them intercept the videos from the computers therein.

He urged the director of public prosecutions to revisit the charge.

Mr Mboya, who is defending Ambogo, said immediately the video went viral, his client lost his employment and “now he is just fighting tooth and nail to make ends meet.”

Mr Omari said Ms Ayonga was also sacked from her job after the said video went viral.

The defence team urged the court to release the two suspects on a reasonable bail terms just as they had been released by police.

“Police had released the two suspects on a cash bail of Sh5,000 then directed them to appear in court to plead to the charge,” the lawyers said.

They urged the magistrate to release the two on similar bail terms.

Angela Fuchaka, a state prosecutor, did not oppose the bail plea but asked Senior Principal Magistrate Bernard Ochoi to exercise his discretion.

“The prosecution cannot dictate the bail terms to be imposed on the suspects. It is the prerogative and discretion of the court to grant reasonable bail terms,” Ms Fuchaka said.

In his brief ruling the magistrate freed the two suspects on a bond of Sh30,000 with surety or a cash bail of Sh10,000 each.

They were directed to avail one contact person to ascertain that they will ensure the suspects attend court when required.

Mr Ochoi noted the two suspects obeyed police directions and attended court to take pleas Wednesday which is a good gesture on their character.

The case will be mentioned on July 2 for further directions and for the prosecution to state whether they have supplied the suspects with witness statements to prepare their defences.