Chief Magistrate Susan Shitumbi has warned police against Torturing a boy, who posted Ruto's image in a coffin

Chief Magistrate Susan Shitumbi has warned the police against mistreating Benson Malova Ashiko, who is accused of sharing a controversial image of President William Ruto in a casket on his X (formerly Twitter) account.

The incident has raised concerns about freedom of speech and legal restrictions in Kenya. During a court session at the Milimani Law Courts, Magistrate Shitumbi stated that Ashiko should not be subjected to any form of torture while in custody.

She instructed the police to ensure that he is treated humanely and also ordered that he receive medical care for a reported chest problem.

Ashiko is facing charges of spreading false information and cyber harassment, which are violations under Kenya’s Computer Misuse and Cybercrime Act of 2018. According to an affidavit submitted by Corporal Edwin Metto from the DCI’s Serious Crimes Unit, Ashiko allegedly posted an edited image suggesting that the president had passed away. The post also included a message expressing condolences to the First Family.

The police claim that this post could mislead the public and cause panic. While acknowledging the seriousness of the accusations, Magistrate Shitumbi pointed out that these charges do not justify keeping Ashiko in custody for an extended period. She approved a request to detain him at Muthaiga Police Station for four days to allow further investigations.

However, if the investigation is not completed by January 30, Ashiko will have the option to be released on a cash bail of Ksh 50,000.

This case highlights the challenge faced by the judiciary in balancing cybercrime laws with the protection of individual rights, especially concerning fair treatment while in detention.