Software developer Rose Njeri. Photo/Handout
By Newsflash Writer
What began as a simple act of civic activism quickly escalated into a high-profile legal battle.
Rose Njeri Tunguru, a software developer and digital rights advocate, was arrested and detained for three days after tweeting about a tool she had created to help Kenyans oppose the Finance Bill 2025.
“I developed a basic programme that lets you reject the Finance Bill 2025 with one click. Just click to send your objection,” she posted on Twitter.
That tweet prompted swift action from state authorities, with officers arresting her over alleged cybercrimes. She was later arraigned in court, sparking widespread public outcry. Opposition leaders showed up in large numbers at the Milimani Law Courts to support her, as her legal team secured her release on a bond of Sh100,000.
The State claimed that Njeri’s digital platform interfered with the work of the National Assembly’s Finance Committee by sending a flood of emails that disrupted normal procedures. But the defense dismissed the charges as unconstitutional and lacking legal grounding.
Led by prominent lawyers including Kalonzo Musyoka and retired Chief Justice David Maraga, the legal team argued that Njeri’s actions were protected under constitutional freedoms of expression and public participation.
“The charge sheet references a single email sent to parliament.go.ke, a public platform intended to receive submissions on the Finance Bill,” said lawyer Eric Theuri. “It’s absurd to criminalise citizens for engaging through a public feedback channel.”
Legal battle highlights State overreach
Senior counsel Maraga criticised the State’s actions as an abuse of power, stating that Njeri had merely used technology to encourage civic awareness.
“What Rose did was empower citizens to engage with legislative processes. Arresting her for that is an alarming overreach,” he said. “This trend of Friday arrests, weekend detentions, and dropped charges must end. We urge the court to dismiss the case entirely.”
Njeri, 35, holds a degree in commerce and has trained in digital innovation through platforms such as Alt Africa, Harvard Online, and SheCodes. Her work in HTML, CSS, and JavaScript focuses on promoting civic transparency and digital participation.
Read more:Activist Boniface Mwangi deported from Tanzania
She has been active on issues such as femicide, Palestinian rights, and youth protests, gaining prominence in Kenya’s digital activism circles. Her latest initiative—a website that automates the submission of objections to the Finance Bill—was designed to make public engagement easier and more accessible.
“Activism is not a crime. What is criminal is incompetence and authoritarianism,” Njeri stated.
Veteran lawyer John Khaminwa, also on her defense team, condemned the handling of her detention. He described visiting Njeri at Pangani Police Station on Saturday, where officers told him they had no authority to intervene and redirected him to DCI headquarters.
“To my shock, no one was available to assist. Even the DCI Director did not respond. Only this court can uphold justice,” Khaminwa told Magistrate Geoffrey Onsarigo. He pleaded with the court to resist being undermined by State institutions, calling the charges a gross violation of rights.
Read more: Kenya demands release of activist Boniface Mwangi from Tanzania
Advocate Ndegwa Njiru echoed the sentiment, asserting that the case was a deliberate attempt to suppress public discourse on the Finance Bill through the criminal justice system.
In response, State Counsel Victor Owiti defended the prosecution’s actions, stating that any constitutional concerns should be addressed by the High Court, not the magistrate’s court.
“This court lacks jurisdiction over constitutional rights violations. That responsibility lies with the High Court,” Owiti argued.
He cited Section 134 of the Criminal Procedure Code, insisting that the charges were supported by law under Section 16 of the Computer Misuse and Cybercrimes Act. “There is a legally recognised offence here. While the defense’s concerns are valid, they belong in a different court.”
Owiti clarified that the State did not object to Njeri being granted cash bail.
Magistrate Onsarigo is expected to deliver a ruling soon on the validity of the charges and the bail application.
