A Nairobi court on Tuesday freed activist Edwin Kiama who was arrested and charged with publishing a satirised image of President Uhuru Kenyatta.
The court said there was no evidence and ordered the refund of Sh500,000 cash bail that had been deposited by Kiama.
Milimani senior resident magistrate Jane Kamau dismissed the application by the prosecution saying that the gadgets obtained from Kiama had been taken to the communication authority and the report had not been availed.
The gadgets obtained were phones and laptops.
“The prosecution has informed the court that investigations are not complete and no disclosure of any progress made so far since April 8,” the magistrate said.
Kiama's lawyer requested the prosecution to release the phones and laptops confiscated from his client.
Earlier this month the magistrate declined to grant the prosecution's application to detain Kiama for 14 days, saying there were no compelling reasons tabled before the court to warrant such detention.
The magistrate directed that the matter be mentioned on May 21 for the Prosecution to inform the court of the status of the investigation.
Kiama was arrested on April 6 over the wide circulation of the poster of the President in a tweet urging the IMF not to advance loans to Kenya on account that the funds will be misused.
“This is to notify the world at large that the person whose photograph and names appear above is not authorised to act or transact on behalf of the citizens of the Republic of Kenya and that the nation and our future generations shall not be held liable for any penalties of bad loans negotiated and/or borrowed by him,” the poster with Uhuru's portrait read.
The court further directed that the police should not harass Kiama during as the investigations proceed.
The court also vacated orders requiring Kiama to report daily to the investigating officer including posting on social media about the country borrowing.
In an affidavit filed before the court, officer Patrick Kibowen had said he was investigating a case of suspected contravention of some provisions of the Computer Misuse and Cybercrime Act.
He said it also included false publication contrary to Section 22(1) as read with Section 22(2) (b).
Police said the suspected offences allegedly occurred on different occasions by way of publication on social media.
Kibowen added that the words amount to false publication contrary to the law.
Edited by Kiilu Damaris