Itumbi calls for out-of-court settlement of fake news cases
By Mabonga Makhanu, October 9, 2025Digital strategist Dennis Itumbi now wants cases involving fake news and misinformation to be settled outside the courts, with no tough legal consequences extended to the perpetrators.
During an interview on a local podcast aired on Thursday, October 9, 2025, Itumbi, who has been a blogger for many years, said there should not be strict measures when dealing with hoaxes and misinformation.
He noted that while deliberate spreading of false information can mislead the public and even cause harm, such cases should be handled through alternative systems rather than criminal law.
He suggested that offenders could face account suspensions or fines or undergo training before regaining access to their platforms.
“But if there is, if we can handle it off the courts, that would be good. Maybe I don’t know. I’ve seen those systems also in other jurisdictions where you, you know, have your accounts suspended, you undergo some kind of fine, and then you undergo training, train your news, and then you get restored,” Itumbi said.
“There must be a way that we correct it. I am completely opposed to the current use of the criminal law element to deal with fake news.”
Itumbi emphasised that he has long advocated for the right to make mistakes, stating that it is a constitutional freedom to get things wrong. However, he urged for stronger efforts in fact-checking and educating the public to distinguish fake news from real information, noting that the global fake news industry is worth over $10 billion.
“I have been a very strong advocate since not even 2019 – for a very long time, since 2013 – that there must be a constitutional right to get it wrong. Yes, it is a constitutional right to actually make a mistake. There is no way in the Constitution that says you shouldn’t make a mistake. Yes. So mistakes are allowed.” He added.
Experience with misinformation
He further admitted that, during his time as a blogger and digital strategist, he has also shared misinformation. Whenever he finds himself in such situations, he said he has always apologised and taken corrective action.
He recalled one instance where he mistakenly tweeted that the current First Lady, Rachael Ruto, was in Turkana, only to later discover that the circulating photos were old. Upon realising the error, he took down the post and apologised to her and the nation.
During the same interview, he accused some top officials in the past regime of plotting to assassinate President William Ruto while still serving as the deputy head of state.