A Nairobi court has released activist and software developer Rose Njeri Tunguru on a bond of Ksh100,000.

Milimani Law Courts Principal Magistrate Geoffrey Onsarigo freed Njeri on Tuesday June 3, 2025, after her defense team opposed the plea-taking process, arguing that the charge against her is defective and does not disclose any recognizable offence under Kenyan law.

Njeri had been arraigned before the Milimani Law Courts to answer to a criminal charge of unauthorized interference with a computer system, contrary to Section 16 of the Computer Misuse and Cybercrimes Act, No. 5 of 2018.

However, when the matter was called out in court, Njeri did not take plea.

Her legal team, led by former Chief Justice David Maraga, Senior Counsel Kalonzo Musyoka, Senator Dan Maanzo, and lawyer Ndegwa Njiru, raised preliminary objections to the charge.

According to the charge sheet, Njeri is accused of knowingly creating and deploying a program on a public website that facilitated citizen participation on the Finance Bill, 2025.

The prosecution alleges that the platform she developed generated and sent mass emails to the official email address of the National Assembly’s Finance Committee, thereby interfering with the normal functioning of its systems.

The alleged incident occurred on May 19, 2025, at 8:01 p.m., and the Director of Public Prosecutions (DPP) claims her actions amounted to unauthorized interference with a computer system.

Her legal team, however, argued that the charge is vague and unconstitutional.

Senator Maanzo told the court that it 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. Our client should be released forthwith,” Maanzo submitted.

The court will rule on June 20,2025 on whether she will plead to the charges.