Lawyer Miguna Miguna has publicly criticized the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) following the arraignment of Boniface Mulinge Muteti at Milimani Law Courts.
Muteti appeared in court over a post on his X account allegedly urging Kenyans to “arm yourselves and prepare for the coming uprising.”
Authorities say the December 6, 2025 post contained false information intended to incite violence, in violation of Section 23 of the Computer Misuse and Cybercrime Act No. 5 of 2018.
The court granted him Sh15,000 bail, with a pretrial hearing set for December 30, 2025.
Reacting to the charges, Miguna described the case as “insanity,” questioning the grounds for charging Muteti over what he called an alleged falsehood.
“How is the ODPP going to prove all the elements of incitement? Whom did he incite, when and where?” he asked.
The lawyer further highlighted concerns over social media prosecutions, noting the difficulty of establishing intent and audience in digital posts.
Miguna called on authorities to clarify the legal basis of the charges, urging that cases rely on clear evidence rather than broad interpretations of online content.
The DCI has reiterated that spreading false information on social media is a criminal offence, urging Kenyans to exercise caution and responsibility in their online posts.