Former Interior Cabinet Secretary Fred Matiang’i will be charged with conspiracy to commit a felony and publication of false information on an alleged police raid at his Karen home, according to a statement from his lawyers.
The Directorate of Criminal Investigations (DCI) detectives preferred the two charges against the former CS after he was grilled at the institution's Kiambu Road headquarters.
At the tail end of the grilling, DCI officers revealed their decision to sue Matiang' was informed by the publication of fake news over a raid at his house on the night of February 8.
The Computer Misuse and Cybercrimes Act 2018, imposes heavy penalties on individuals spreading fake news.
Publication of False Information
The law also denotes that anyone found guilty faces a maximum jail term of 10 years, a Ksh5 million fine or both.
"A person who intentionally publishes false, misleading or fictitious data or misinforms with the intent that the data shall be considered or acted upon as authentic, with or without any financial gain, commits an offence and shall, on conviction, be liable to a fine not exceeding Ksh5 million or to imprisonment for a term not exceeding two years, or to both," the Law states.
Computer Misuse and Cybercrimes Act is more stringent on people who maliciously spread false information against individuals or the state.
"A person who knowingly publishes information that is false in print, broadcast, data or over a computer system, that is calculated or results in panic, chaos, or violence among citizens of the republic, or which is likely to discredit the reputation of a person commits an offence and shall on conviction, be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding ten years, or to both," Computer Misuse and Cybercrimes Act, 2018, stated.
The DCI accused the former Cabinet Secretary of using his channels and influences to spread unfounded information about his safety and wrongfully making allegations against the state, especially, the Directorate of Criminal Investigations.
Computer Misuse and Cybercrimes Act, 2018, also criminalises forwarding copyrighted digital publications on social media. Anyone found guilty of forwarding copyrighted content would be fined Ksh1,000, five times the market price.
Conspiracy to Commit Felony
The Penal Code CHAPTER XLI (393) alleges that any person who conspires with another to commit any felony or act in any part of the world which, if done in Kenya, would be a felony.
This is an offence under the laws in force in the place where it is proposed to be done and is guilty of a felony.
It further spells imprisonment for up to seven (7) years.
Matiang'i's Woes
A contingent of police officers from Langata and the Directorate of Criminal Investigation on February 15, 2023, made a forceful entry into Matiang'i's Karen home.
The investigators searched for CCTV footage that allegedly recorded the previous raid on the same compound, which occurred on February 8, 2023.
On February 14, 2023, DCI officers moved to court seeking search orders on Matiang'i's Karen home. However, the court declined to grant the prayers, noting that the police did not give convincing reasons for the orders sought.
In their prayers, DCI wanted a private security firm to provide CCTV footage of the night the police allegedly raided the home reportedly to arrest the former CS.
“The National Police Service never sanctioned the alleged raid. We want to unmask the identities of those involved,” court papers read.
