The government is pursuing legal action against four filmmakers, seeking penalties of up to 10 years in prison or fines of KSh 20 million each for alleged offences related to publication of false information and cyber harassment.
Court documents filed by the Directorate of Criminal Investigations (DCI) indicate that the charges stem from their suspected involvement in content connected to the BBC documentary titled “Blood Parliament”. The film recently aired on various BBC platforms, including BBC Africa and BBC News Swahili.
However, the British Broadcasting Corporation (BBC) has since clarified that the four individuals were not part of the production of the documentary.
The four individuals — Christopher Wamae Wambugu, Markdenver Karubiu Muchira, Brian Adagala, and Nicholas Wambugu Gichuki — were arrested last week and later released on police bond as investigations continue.
A search warrant issued by a Nairobi court allowed investigators to collect evidence from their residences, including electronic devices, to establish any connection to the online content in question.
According to court filings, DCI officer Chief Inspector Nickson Kinyua stated that the investigation was launched following suspected violations under the Computer Misuse and Cybercrimes Act, 2018. He alleged that the content shared via certain YouTube channels and websites had the potential to cause harm, including reputational damage to constitutional institutions and disruption of public peace.
Inspector Kinyua said the four allegedly collaborated with operators of the YouTube accounts @BBCNewsSwahili and @BBCAfrica, and the website bbc.com, to publish content that could lead to tension among citizens.
He noted that some of the material was considered defamatory and posed a threat to the public order, adding that the DCI moved to seize digital evidence for forensic analysis.
The possible charges, based on Section 23 and Section 27 of the Cybercrimes Act, include:
- Cyber harassment: Punishable by a fine not exceeding KSh 20 million, a prison term of up to 10 years, or both.
- Publication of false information: Punishable by a fine not exceeding KSh 5 million, imprisonment of up to 10 years, or both.
Meanwhile, the accused individuals have filed a petition at the High Court seeking anticipatory bail, arguing that they are facing harassment and intimidation by law enforcement. Their lawyer, Ian Mutiso, told the court that since their release, they have not been informed of the specific charges and that their arrest lacked a clear legal basis.
He further claimed that electronic evidence presented by the DCI did not justify the arrests and accused the authorities of using the process to intimidate his clients.
The matter is currently pending in court.
