A Milimani court has dismissed the case against human rights defender and former prison officer Jackson Kuria Kihara, popularly known as Cop Shakur, more than a year after he was arrested and charged over a post on X (Twitter).
The case was dismissed on September 29, 2026, with the Defenders Coalition welcoming the decision as an important development in the protection of freedom of expression and civic space in Kenya.
According to the prosecution, the charge stemmed from a post Kihara published on X on January 11, 2025, in which he referred to a Cabinet Secretary as an “upcoming dictator” and alleged that the official was involved in abductions together with President William Ruto. The prosecution considered the post false and capable of causing panic.
Background of the case
Kihara was arrested on the same day and charged under Section 23 of the Computer Misuse and Cybercrimes Act, 2018, for allegedly publishing false information through his X account. He denied the charge and was released on bond as the prosecution proceeded with the case.
His case continued after the Court of Appeal on March 6, 2026, declared Sections 22 and 23 of the cybercrimes law unconstitutional.
The appellate court found that the provisions were too broad and could interfere with constitutionally protected freedom of expression. Section 23, which formed the basis of Kihara’s charge, criminalised the publication of false information.
Court ruling and implications
Despite the appellate ruling, the prosecution continued making appearances in the matter before it was eventually dismissed at the Milimani Law Courts.
Defenders Coalition Executive Director Kamau Ngugi said the outcome demonstrated the importance of respecting constitutional freedoms and court decisions.
Ngugi said the case also highlighted concerns over the use of criminal law provisions against people exercising their right to express themselves.
“The State must respect the authority of the courts and immediately cease relying on provisions that have been declared unconstitutional to charge, prosecute or intimidate human rights defenders, journalists, activists and other citizens,” he said.
The organisation said the dismissal should reinforce the need for an environment where human rights defenders and other citizens can express their views without fear of arbitrary arrest or prosecution.
Advocacy for human rights
The case also comes against the backdrop of ongoing legal and policy discussions following the Court of Appeal decision on the two provisions of the Computer Misuse and Cybercrimes Act.
The Defenders Coalition said it would continue advocating for the protection of human rights defenders and the right to freedom of expression.
The dismissal brings to an end the prosecution that began with Kihara’s arrest in January 2025 and had continued through several court appearances.
