Blogger Cyprian Nyakundi has been released unconditionally after the Director of Public Prosecutions (DPP) Noordin Haji ordered that he be released. In a letter to the Senior Assistant Director of Public Prosecutions in Kiambu County he said that the offence he was being charged with is a misdemeanor which does not warrant custodial sentence.
The Kiambu Magistrate Court had ordered that he be detained for three days to allow for investigations.
Read also Nyakundi held over Rauraka land saga
Nyakundi was being held under Section 66 of the Penal Code: Alarming publications. It says
(1) Any person who publishes any false statement, rumor or report which is likely to cause fear and alarm to the public or to disturb the public peace is guilty of a misdemeanor.
The DPP went further to direct that Cyprian Nyakundi be released and the case be closed. He added that with regards to the offence he had been accused of, not criminal charges should be made against him without his express authorization.
Lawyer Apollo Mboya who was representing him in the case had yesterday written to the DPP lamenting at the manner in which Nyakundi was being harassed by law enforcement agencies.
Kenyans online celebrated the move, not only congratulating Apollo Mboya for the strategy he employed, but also to the DPP for protecting online freedoms.
Thanks DPP Noordin Haji for bringing to Order Judicial Anarchy in respect of Cyprian Nyakundi … Never understood why a Magistrate should accept to hear a case of an Accused from outside her Jurisdiction.. It violates the Law. Magistrates should have courage to say NO!
— Donald B Kipkorir (@DonaldBKipkorir) May 17, 2018
— D I K E M B E (@Disembe) May 17, 2018
The New @ODPP_KE Director Noordin Haji has started well and must be commended. Continue in the same spirit, breathing fresh air into that office and most Kenyans will support u in this. Cc @MboyaApollo @C_NyaKundiH
— Muhammad Otweyo (@M_otweyo) May 17, 2018
DPP, Noordin Haji should be lauded for reigning in on rogue police officers and Magistrates keen to enforce “orders from above” and issue orders for detention without trial. If he maintains the trend, he may attain distinction unlike his predecessor Keriako Tobiko. pic.twitter.com/hYLAGeznoH
— Nelson Havi (@NelsonHavi) May 17, 2018
The blogger was released, with the Magistrate ordering that the police return his phone to him.
Following a letter from Noordin Haji @ODPP_KE over the illegal detention of @C_NyaKundiH, Kiambu court has hence released him from custody unconditionally and file for the miscellaneous application closed. Magistrate directs @DCI_Kenya to return his iPhone. @MboyaApollo pic.twitter.com/MlOtzWSizu
— Kenya West© (@KinyanBoy) May 17, 2018