Nairobi Court Dismisses Cybercrime Charges Against Activist Rose Njeri
On June 20, 2025, a Nairobi court dismissed criminal charges against Kenyan activist and web developer Rose Njeri, ruling that the case lacked legal merit and was based on a defective charge sheet. Principal Magistrate Geoffrey Onsarigo, sitting at the Milimani Law Courts, stated that the two charges brought against her under Section 16 of the Computer Misuse and Cybercrimes Act did not clearly define an offence and were too ambiguous to proceed.
The charges alleged that Njeri unlawfully interfered with computer systems by creating a digital tool that allowed Kenyans to send bulk emails to the National Assembly’s Finance Committee in protest against the controversial 2025 Finance Bill.
Njeri had earlier been released on a personal bond of Ksh 100,000 while awaiting the court’s decision on whether she would take a plea. Her legal team, composed of high-profile lawyers including former Chief Justice David Maraga and senior counsels Kalonzo Musyoka and Eugene Wamalwa, argued that her arrest and prosecution violated her constitutional rights, particularly the right to public participation in governance.
The court agreed, finding that the charge sheet not only failed to spell out a concrete offence but also undermined Njeri’s ability to mount a proper defence.
Her arrest on May 30 had sparked national outcry. Njeri was attending a graduation ceremony in Nairobi’s Industrial Area when officers from the Directorate of Criminal Investigations (DCI) apprehended her. A search was later conducted at her residence, during which her computer, mobile phone, and storage devices were confiscated.
The arrest, coupled with the seizure of her personal devices, was condemned by digital rights groups who viewed it as an attempt to silence civic tech innovators and discourage digital activism.
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Njeri had developed a platform known as “Civic Email,” a tool that simplified the process for citizens to submit their views on the Finance Bill directly to Parliament. The platform went viral, and although Parliament acknowledged receiving an overwhelming number of emails, it blamed the platform for jamming official channels.
In her defence, Njeri’s legal team pointed out that the National Assembly itself had invited public comments via email and that if any systems were overwhelmed, it was due to public participation—protected under Article 118 of the Kenyan Constitution—not criminal interference.
Following the dismissal of the case, the court ordered the immediate return of all items seized during her arrest. Outside the courthouse, Njeri was received by a cheering crowd of activists and supporters, many of whom called the case an attack on democracy and an attempt to intimidate citizens using technology to participate in governance.
They emphasized that public dissent and civic engagement, especially through digital platforms, must be protected rather than punished.
