Two Kenyans online could find themselves behind bars for allegedly posting on Facebook and Youtube, comments that stir religious feelings targeting Prophet David Owuor.

A search warrant was sought and issued by the Chief Magistrate’s Court authorizing the collection of the computing devices that may have been used in committing the offence against Kevin Ndungu Kiriga and Paul Nangabo Akhenya.

In the case in which the Directorate of Criminal Investigations (DCI) is the plaintiff, the court granted Mohammed Amin, a police officer attached to the DCI to handle the case and collect the evidence.

 

The videos and messages were apparently intended to wound religious feelings and incite the congregation of Prophet Owuor which contrary to section 138 of the Penal Code.

Under article 138 of the Penal Code,

any person who, with the deliberate intention of wounding the religious feelings of any other person, writes any word, or any person who, with the like intention, utters any word or makes any sound in the hearing of any other person or makes any gesture or places any object in the sight of any other person, is guilty of a misdemeanor and is liable to imprisonment for one year.

Mohamed Amin, through a signed affidavit, appealed the court for the application of the said warrant to search the dwellings of Kevin Ndungu Kiriga and Paul for the purpose of conducting investigations. The affidavit also served to enable the complainant, Julius Odengo Mulera on behalf of Prophet Owuor report the video dated 24th May 2018, contained abusive messages published on YouTube and shared on Twitter, Facebook and other social media platforms inciting his congregation.