Court frees Makueni MCA Wambua on Sh200,000 cash bail over cyber harassment charge

Makueni nominated MCA Urbanus Kyalo Wambua who is accused of posting inciting remarks on his TikTok account was on Thursday released by a Nairobi court on Sh200,000 cash bail.

Milimani Magistrate Joan Mati released the Wiper-linked MCA on alternative bond terms of Sh500,000 pending the hearing and determination of the cyber harassment case.

Mati imposed strict conditions barring the politician from intimidating, coercing, contacting or interfering with prosecution witnesses, including the complainantKibwezi MP Mengi Mutuse

Wambua is accused of cyber harassment against Kibwezi MP Mutuse over a video containing remarks allegedly posted on his TikTok account on the night of August 5,2026.

In her ruling, Magistrate Mati said the right to bail is constitutionally protected and that any conditions imposed by the court must be reasonable and aimed at securing an accused person’s attendance and the proper administration of justice.

“The right to bail is not an indulgence of the court due to the constitutional right, but due to the qualification that reasonable conditions may be imposed to secure the attendance of the accused and the proper administration of justice,” Mati said.

The magistrate said courts are required to consider several factors when determining whether to grant bail, including the nature and seriousness of the offence, the character and antecedents of the accused, community ties, the likelihood of attendance at trial and the strength of the prosecution case.

She further cautioned that bail terms should not be excessive or punitive.

“The amount should not be more than what is necessary to guarantee the attendance of the accused and should not be excessive,” she ruled.

Mati found that Wambua had previously been released on police bond Sh 50,000 and had presented himself before the court as required.

“There is no allegation that he breached the bond or failed to comply with the requirements imposed upon him,” she said.

The magistrate said his conduct while on police bail demonstrated his willingness to comply with conditions imposed by the court.

“There has also been no allegation that the accused is a flight risk, that he has interfered or is likely to interfere with witnesses, or that he is likely to obstruct the course of the trial,” she ruled.

The court also considered the defence argument that the case was politically motivated, but declined to determine the alleged political motivation at the bail stage.

Mati said the political positions of Wambua and Mutuse were not sufficient, on their own, to establish that the prosecution was politically motivated.

“Whether the charge is politically motivated is a matter that requires evidence and cannot be established merely from the political position held by the accused and the complainant,” the magistrate said.

She added that the court must be careful not to determine the merits or motivations of the prosecution during the bail hearing.

The magistrate also considered the seriousness of the charge facing Wambua, noting that cyber harassment under Section 27 of the Computer Misuse and Cybercrimes Act carries a maximum penalty of a Sh20 million fine, imprisonment for a term not exceeding 10 years or both.

“The seriousness of the offence does not justify imposing oppressive or punitive conditions,” Mati said, stressing that Wambua remained presumed innocent until proven guilty.

The court further considered an earlier constitutional challenge to Section 27, noting that the High Court had previously declared aspects of the provision unconstitutional while the Court of Appeal had subsequently addressed the issue in a case cited before the magistrate.

Mati said the lower court was bound by the Court of Appeal’s determination on the constitutionality of the provision.

“Constitutional challenge, therefore, does not affect the court's determination of the present application of the law,” she ruled.

In concluding the bail application, the magistrate said the prosecution had not demonstrated compelling reasons to warrant the continued detention of Wambua.

“There is no evidence before the court that is likely to undermine, interfere with the evidence, or otherwise obstruct the administration of justice,” Mati said.

She nevertheless imposed conditions intended to strike a balance between Wambua’s constitutional right to liberty and the interests of justice.

The MCA was ordered not to interfere key witnesses in the case and also directed to furnish the court with his current telephone contacts and residential details and notify the court of any changes to the information.

His two contact persons are required to provide their particulars to the court and remain available as required until the conclusion of the proceedings or further orders.

Wambua denied one count of cyber harassment contrary to Section 27(1)(a), as read with Section 27(2)(a) of the Computer Misuse and Cybercrimes Act, Cap 79C.

The prosecution alleges that on August 5, 2026, at around 11pm, Wambua wilfully communicated with Mutuse through his TikTok account, identified in the charge sheet as Hon Kanzala Kana Official, with the username @urbanuswambua1.

According to the charge sheet, Wambua posted a video containing remarks that the prosecution claims amounted to cyber harassment against Mutuse.

The alleged remarks were made in the context of political developments involving Mutuse, who had moved a motion seeking the impeachment of former Deputy President Rigathi Gachagua.

The prosecution alleges that Wambua cautioned Members of Parliament from Kilome and Kaiti constituencies against inviting or allowing politicians affiliated with Mutuse and President William Ruto to influence the region.

He is also accused of urging MPs from Machakos and Makueni counties to speak out in Parliament and support Wiper leader Kalonzo Musyoka.

The DPP further alleges that Wambua cautioned MPs, the governor and senator from the Ukambani region against turning a blind eye to developments championed by governors Mutula Kilonzo Junior and Wavinya Ndeti.

The MCA is alleged to have made remarks that the prosecution says could incite violence or cause harm to Mutuse.

During the bail hearing, Wambua’s lawyers, led by former senator Dan Maanzo and Boniface Nyamu urged the court to release him on reasonable terms arguing that he was not a flight risk and had a fixed abode in Makindu.

Nyamu described the case as politically motivated and argued that the proceedings arose from political competition between Wambua and Mutuse.

“To note that this is a politically motivated charge. The accused was arrested in a county in Makueni,” Nyamu told the court.

The defence also questioned why Wambua was brought before the Milimani Law Courts instead of being charged at a court closer to the place where the alleged offence and arrest occurred.

“There is no explanation given by the State why they charged here and not other courts in Mombasa Road, in Makindu, Kilungu, Machakos, Mavoko and Makadara law courts,” the lawyer said.

The prosecution did not oppose the MCA’s release on bail.

State prosecutor Victor Owiti told the court that the State was not opposed to bail but urged the magistrate to consider the nature of the offence and Wambua’s position as a public officer when setting the terms.

“We are not opposed to bail. But the court should take judicial notice that the accused is a politician,” Owiti said.

The prosecution also opposed release on a personal bond, citing what it described as an increase in cyber-related offences involving politicians.

“There has been a surge on offences committed on the internet under the Computer Misuse Act, especially by politicians. And in the recent past, politicians have abused the internet,” Owiti said.

Owiti further asked the court to consider Wambua’s position as a public officer as an aggravating factor when determining the bail terms.

“While the DPP does not oppose bail, consider the aggravating factor that, being a public officer, he has a higher responsibility,” he said.

Wambua had initially been arrested in Makueni and present before court on Friday last week without charges being preferred against him.

He was later transferred to Muthaiga Police Station where he was released on Sh 50,000 police cash bail pending his formal arraignment.