Activist Okanga and Others Charged with Cybercrimes and False Custom Entries

By Kelly Mumbi

Activist Nuru Maloba Okanga was arraigned before the Milimani Law Courts’ Senior Principal Magistrate Hon. Bernard Ochoi, charged with publishing false information under Section 23 of the Computer Misuse and Cybercrimes Act No.5 of 2018.

According to Prosecution Counsel James Gachoka, the charges allege that between June 7th and 10th, 2024, Okanga, along with others not present in court, knowingly and unlawfully published false, defamatory and threatening information being aware of its falsehood.

The prosecution stated that preliminary investigations suggest this online information was intended to instil fear and panic among Kenyan citizens.

Violations of Section 23 carry severe legal repercussions, including possible fines and imprisonment, reflecting the law’s stringent stance on cybercrimes.

Okanga also faced charges for providing telecommunications services without a valid license, violating Section 24 of the Kenya Information and Communication Act.

Such offenses can result in heavy fines, imprisonment and the confiscation of equipment, emphasizing the importance of regulatory adherence in the telecommunications industry.

He pleaded not guilty to all three charges and was released on a bond of Ksh. 200,000 with one surety or a cash bail of Ksh. 100,000 with a contact person.

The pre-trial hearing is set for July 3rd, 2024.

In related proceedings, three individuals were charged in the same court with making false entries, violating Section 203(a) of the East African Community Customs Management Act, 2004.

Senior Principal Prosecution Counsel Duncan Ondimu, OGW, informed the court that between July 13th and August 20th, 2023, Michael Wafula Obunde, Geo Freight Forwards Ltd, and Jesse Michael Muganda allegedly made false customs entries using a KRA pin registered to Di Lorenzo Limited, falsely indicating it as the exporter.

They pleaded not guilty and were released on a bond of Ksh. 200,000 or cash bail of Ksh. 100,000. Additionally, the court issued a warrant for Christopher Odongo Asoka’s arrest after he failed to appear to face similar charges.

Hon. Thomas Nzyoki scheduled these cases for a pre-trial mention on July 2nd, 2024.