Why activist Rose Njeri wants her case thrown out

Activist Rose Njeri when she was arraigned at Milimani court,Nairobi on Tuesday,June 3,2025 over alleged offense of cyber crime.[ Collins Kweyu,Standard]

The legal team representing software developer and activist Rose Njeri Tunguru is expected to push for the withdrawal of the two charges brought against her when she appears in court for the mention of her case on June 20.

Njeri is facing cybercrime charges after the prosecution accused her of interfering with Parliament’s computer systems without authorization, a move they claim violates the Computer Misuse and Cybercrimes Act.

However, her lawyer, Ndegwa Njiru, maintains that the  charges are flawed and not recognised under Kenyan law.

“Under Article 50 (fair hearing) of the Constitution, it is provided that no one shall be convicted of an offence if the offence was not defined in law as at the time of the alleged commission or omission,” argued Njiru during an interview on Spice FM on Thursday, June 5.

This legal ground, Njiru says, informed Njeri’s decision to decline taking a plea when she was arraigned at the Milimani Law Courts on Tuesday, June 3.

“You cannot be punished for an offence if it has not been defined by the law. You cannot take a plea because the offence you are being asked to respond to does not exist in our law books,” said Njiru.

According to Njiru, Civic Email, the platform used by Kenyans to submit objections to the Finance Bill, 2025, was part of the public participation process, a critical component of the country’s lawmaking procedure.

Parliament had reported that the tool caused a jam in the email inboxes of both the Clerk of the National Assembly and the Finance Committee, disrupting communication.

However, Njeri’s lawyers argue that Parliament had publicly invited citizens to send feedback on the proposed tax measures using the same email addresses, and that any system failures should be blamed on the institution itself.

“Section 16 of the Cybercrimes Act used to charge Rose identifies the ingredients of her case to be the intention of the interference and its authorization. Yes, Njeri is authorised,” Njiru remarked.

The legal team also plans to seek legal action against the Officer Commanding Pangani Police Station (OCS), whom they accuse of denying Njeri bail despite the offence being bailable.

They further allege that the OCS restricted Njeri’s access to legal counsel while in custody.