Chief Magistrate Susan Shitumbi has issued a stern warning to the Directorate of Criminal Investigations (DCI) against torturing Benson Malova Ashiko, who stands accused of posting a photo of President William Ruto in a casket on his X (formerly Twitter) account.
The post, which included a condolence message to the President’s family, has led to serious allegations of bullying, cyber harassment, and defamation against Ashiko.
In addition to the image, Ashiko also posted a message of sympathy, stating, “My condolences to the first family.”
During a court session, Corporal Edwin Metto of the DCI’s Serious Crimes Unit (SCU) argued that Ashiko’s actions could pose a threat to public peace, order, and safety. He stated that the false publications and defamatory statements made by Ashiko had the potential to cause widespread harm, particularly as they target the nation’s highest office.
Metto also revealed that the DCI had already confiscated Ashiko’s mobile phone for forensic analysis as part of the ongoing investigation.
Magistrate Shitumbi acknowledged the gravity of the case and the seriousness of the allegations but expressed concerns over the proposed 14-day detention period requested by the DCI. While she emphasized that the judiciary should not downplay such issues, she also stressed that the investigation did not require Ashiko to remain in custody for an extended period.
The Magistrate voiced concerns that Ashiko might be at risk of torture while in custody, particularly after he reported experiencing chest pain. The court instructed that he be escorted to a hospital for medical attention to address his health concerns.
“I understand this involves the holder of the highest office in the land, but please do not torture him. Handle him as I have directed,” Magistrate Shitumbi reiterated to Corporal Metto. She granted the DCI permission to hold Ashiko for four days at Muthaiga Police Station to continue the investigation.
However, she ordered that if the investigation was not concluded by January 30, Ashiko should be allowed to post a Ksh 50,000 cash bail to secure his release.
Corporal Metto had earlier filed an affidavit seeking 14-day detention. He argued that Ashiko’s actions, particularly the offensive comments and the misleading post, were damaging to President Ruto and other members of his family who were featured in the image. Metto described the image and accompanying message as grossly offensive and noted that the defamatory content could severely harm the President’s image.
“Some of the comments made on the photo upload are grossly offensive and detrimental in nature towards the victim (President Ruto) and are intended to negatively affect the reputation of the president together with other members of his family whose images were also shared in the said photograph,” Metto said in the affidavit.
Magistrate Shitumbi pointed out that while some aspects of the investigation—such as the forensic analysis of Ashiko’s phone—required time, most of the pending tasks, including recording statements from witnesses, could proceed without holding Ashiko in detention.
Witnesses include President Ruto, members of his family, officers from the DCI’s forensic investigations unit, and representatives from the Communication Authority (CA) of Kenya, as well as mobile service providers.
Police arrested Ashiko in Bungoma County on January 24 and escorted him to Nairobi where he was held at the Muthaiga police station.
The case will be mentioned on February 10.
