The legal team representing software developer and activist Rose Njeri Tunguru is expected to push for the withdrawal of the two charges brought against her when she appears in court for the mention of her case on June 20.
Njeri is facing cybercrime charges after the prosecution accused her of interfering with Parliament's computer systems without authorization, a move they claim violates the Computer Misuse and Cybercrimes Act.
However, her lawyer, Ndegwa Njiru, maintains that the charges are flawed and not recognised under Kenyan law. "Under Article 50 (fair hearing) of the Constitution, it is provided that no one shall be convicted of an offence if the offence was not defined in law as at the time of the alleged commission or omission," argued Njiru during an interview on Spice FM on Thursday, June 5.
This legal ground, Njiru says, informed Njeri's decision to decline taking a plea when she was arraigned at the Milimani Law Courts on Tuesday, June 3. "You cannot be punished for an offence if it has not been defined by the law.
