Benson Malova Ashiko, a man arrested for sharing a manipulated photo depicting the funeral of President William Ruto, has been ordered to be detained for four days to allow the police to complete their investigations.
Milimani High Court Chief Magistrate Susan Shitubi made the ruling on Monday, January 27, 2025, directing that Ashiko be held at Muthaiga police station as requested by the Directorate of Criminal Investigations (DCI) Serious Crime Unit (SCU).
The DCI filed an application stating that Ashiko, using his X account Ash Papi_TM @Mr_Papi5, had shared an edited image of President Ruto’s funeral, captioning it with "condolences to the first family," a message deemed false and misleading. The SCU officer, Edwin Metto, stated that Ashiko's actions were under investigation for publishing false information in violation of the Computer Misuse and Cybercrimes Act No. 5 of 2018. The publication, according to the DCI, could harm the reputation of the president and his family, as their images were also included in the manipulated photo.
Magistrate Shitubi also expressed concerns over the potential for torture, urging Officer Metto to ensure Ashiko is not mistreated during his detention. "I hope you have understood, I just want to know that you understood, you know every case affecting the most powerful there is that fear that maybe he will be tortured," Shitubi remarked, instructing that the best conditions be provided for Ashiko while in remand.
The DCI had initially requested that Ashiko be detained for 14 days to complete their investigations, but due to health complications, the detention period was reduced to four days. The court further ordered that Ashiko be allowed medical treatment, including access to the necessary medication.
If the DCI has not completed its investigations by the end of the four days, Ashiko will be released on a Ksh 50,000 bond or Ksh 5,000 cash bail. Ashiko, who was arrested on January 24, 2025, in Bungoma, was later transferred to Nairobi and placed in custody at Muthaiga police station. The case will be mentioned again in court on February 10, 2025, for further directions.
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