Why DPP Haji has directed the withdrawal of Nyakundi’s case

Controversial blogger Cyprian Nyakundi could once again be a free man after Director of Public Prosecutions Noordin Haji directed the withdrawal of his case.

Nyakundi was charged before a Kiambu court with posting online derogatory remarks against Kirinyaga Governor Anne Waiguru, Nairobi's Mike Sonko and Kenya Power Managing Director Ken Tarus.

The blogger who was detained at Muthaiga Police Station was arrested by plain clothe Criminal Investigation officers on May 14 outside Milimani Law Courts after a defamation hearing.

DPP Haji however, termed the charges a misdemeanour which did not necessitate the detention of Nyakundi for three days.

“You are hereby directed that the court file in respect to the miscellaneous application be immediately placed before the court for the purpose of withdrawing it and marking it as closed,” Haji said in a letter dated May 16 to Kiambu senior director of public prosecution.

He added that no criminal charges were to be levelled against Nyakundi pursuant to the miscellaneous application without his express approval.

Haji’s directive comes in the thick of opposition by bloggers to the recently enacted Computer Misuse and Cybercrimes Act.

The new law aimed at punishing cyber fraud and illegal hacking has been touted to limit fundamental freedoms, including those of information and expression.

A section of bloggers has expressed intent to challenge the law in court saying it’s an attempt by legislators to reign in on them.