Kenya: Garissa Tiktok User Charged With Ethnic Contempt, Cyber Harassment

Garissa — A TikTok user has been arraigned before the Garissa Law Courts on charges of ethnic contempt and cyber harassment after allegedly posting an inflammatory video that investigators say incited religious hostility.

The suspect popularly known on TikTok as "Sharu," pleaded not guilty to both charges when he appeared before the court on July 2.

The court released him on a bond of Sh500,000, with an alternative cash bail of Sh200,000. The case is scheduled for pre-trial proceedings on July 20.

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According to investigators, Sharu uploaded the video on his TikTok account on April 23. Police allege the content was intended to incite members of the Muslim community in Garissa County against non-Muslims.

Following his arrest on May 16, detectives from the Directorate of Criminal Investigations (DCI) completed investigations and forwarded the case file to the Office of the Director of Public Prosecutions (ODPP), which approved the prosecution.

Sharu has been charged under Section 62(1) of the National Cohesion and Integration Act for ethnic and racial contempt, as well as Section 27 of the Computer Misuse and Cybercrimes Act for cyber harassment.

Following the arraignment, the DCI reiterated that while Kenyans enjoy the constitutional right to freedom of expression, that right does not extend to speech or online conduct that incites hatred, discrimination or public disorder.

"The Directorate of Criminal Investigations reminds members of the public that while freedom of expression is protected by law, it does not extend to conduct that unlawfully incites hatred, discrimination or public disorder," the agency said in a statement.

The DCI further urged social media users to exercise responsibility when using digital platforms, warning that individuals who use online spaces to commit criminal offences will be investigated and prosecuted in accordance with the law.

The case now proceeds to pre-trial on July 20 as prosecutors prepare to present their evidence before the court.

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