A Milimani Court has released web developer Rose Njeri Tunguru on a personal bond of Ksh100,000.

Principal Magistrate Geoffrey Onsarigo has directed that the ruling on the submissions of whether to charge her or not will be made on June 20, 2025.

“Considering submissions made by both sides, I hereby release Njeri on a personal bond of Ksh100,000. The ruling on whether to charge her or not will be made on June 20, 2025,” Magistrate Onsarigo ruled.

Njeri’s legal team, led by Kibe Mungai, former Chief Justice David Maraga, Senior Counsel Kalonzo Musyoka, lawyer Eric Theuri and Ndegwa Njiru, vehemently objected to the charges the Directorate of Public Prosecution (DPP) intended to charge her for.

They argued that the charge sheet is not valid because it does not outline any offence constitutionally, and there is no sufficient information to enable their client to take a plea in court.

“There is no sufficient information to enable our client to respond to the charges,” lawyer Theuri told the court.

Lawyer Njiru urged the court not to allow Njeri to take a plea since by doing that her rights would be violated.

Lawyer’s arguments

Senator Daniel Maanzo, who is among the defense team, told the court that the charge violates Article 25(2)(n) of the Constitution, which guarantees the right to a fair trial and prohibits its limitation.

“This charge does not disclose any offence, it is vague, unconstitutional, and should be struck out at the outset and our client be released forthwith,” lawyer Maanzo told the court.

However, the DPP led by prosecutor Victor Owiti insisted that the charge they want to press on Njeri is proper and valid, contrary to her legal team’s argument.

He also added that they are not opposed to Njeri being released on bail.

According to the charge sheet, Njeri is supposed to be charged with unauthorized interference with a computer system contrary to section 16 of the Computer Misuse and Cybercrime Act No.5 of 2018.

Further, it states that on May 19, 2025, at 9 pm at an unknown place within the Republic of Kenya, she knowingly made a program hosted at https://civic email.netlift.app/ that automatically generated and sent mass emails to Financecommitteena@parliament.go.ke, which is an official system of the finance committee.

It also states that the act by the web developer led to interference with the normal functioning of the systems, which came from the many emails that streamed in it.