Kenyan activist Rose Njeri did the unthinkable in a country where corruption scandals are archived faster than court rulings. This reality should bother any government genuinely interested in the well-being of its people and its increasingly complicated relationship with citizens.
Development Diaries reports that Njeri, who was detained last Friday after police raided her home in the capital, Nairobi, and seized electronic devices, has been released on a personal bond of Sh100,000 pending a court ruling on whether she will plead to criminal charges brought against her by the state.
Njeri was detained after sharing a link to a website that flagged clauses in the 2024 finance bill that she said would lead to the cost of living escalating. The site also allowed people to email parliament, calling for the bill to be withdrawn.
Njeri also raised concern that a proposal to amend tax procedures, allowing the tax authority to access personal data without a court order, could undermine privacy rights.
And for that, she was arrested, detained beyond the constitutional 24-hour limit, and now stands before the court on charges so imaginative, even Kafka would squint.
According to the government, Njeri’s content amounted to ‘computer misuse and cybercrime’. However, Article 33 of the Kenyan constitution guarantees freedom of expression.
Also, with reference to Article 118 of the constitution, parliament must facilitate public participation in its legislative processes. Apparently, parliament prefers this participation to come through suggestions in invisible ink.
This case reflects a growing trend where civic action is criminalised, dissent is mislabelled as digital terrorism, and state power is used to intimidate.
First, to pursue this case any further would be an abuse of state resources and a chilling betrayal of the democratic ideals enshrined in the constitution.
It would also signal that Kenya has officially declared war on citizen participation.
Second, the country needs to urgently review and reform its Computer Misuse and Cybercrimes Act. Originally intended to combat online fraud and hate speech, it is increasingly used as a tool to gag activists and punish civic engagement. Laws should protect citizens from harm, not from their own constitutionally protected opinions.
Third, parliament must strengthen mechanisms that protect and promote public participation, in line with Article 118. When citizens respond to calls for public input, they should not be met with silence, hostility, or handcuffs.
Fourth, law enforcement officers who detained Njeri unlawfully must be held accountable. Constitutional breaches cannot be filed away under ‘Oops’. If we let this slide, then tomorrow’s victim will be another citizen asking one too many questions.
Finally, we must resist the creeping culture of fear that punishes active citizenship. Njeri did what democracy demands: she paid attention, she engaged, and she spoke up.
If that is a crime, then every teacher of civic education in Kenya needs to be arrested, too.
