Court frees Atheist Society president on bail over fake Ruto death posts
Crime and Justice
By
Nancy Gitonga
| Jan 05, 2026
Atheist Society of Kenya president Harrison Nyende Mumia has been charged for allegedly spreading fake posts on Facebook and Instagram depicting President William Ruto as critically ill or deceased.
Mumia, 47, appeared before Chief Magistrate Dolphina Alego at Milimani Law Courts on Monday, where he denied four counts under Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
The charges relate to posts allegedly published on social media on December 30, 2025, that falsely showed the President lying on a hospital bed.
According to the charge sheet, in one count, Mumia allegedly used a pseudo Facebook account under the name Robinson Kipruto Ngetich to post an image portraying President Ruto as deceased.
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“On December 30, 2025 at an unknown place within the Republic of Kenya knowingly published false information… by posting an image of President William Ruto lying on a bed and falsely portraying him as deceased, information you knew to be false," the charge sheet reads in part.
In another count, he is accused of posting similar images on his Instagram account, including one showing the President in critical medical condition.
Following his plea, Mumia’s lawyer, Levi Munyeri, urged the court to release him on reasonable bail, arguing that he is not a flight risk.
“He is not a flight risk, and his fixed abode in Komarock, Nairobi, is well known to the state,” Munyeri told the court.
Munyeri also challenged the Office of the Director of Public Prosecutions (ODPP) for charging Mumia under the Cybercrimes Act, which is currently pending review in the High Court.
The prosecution, however, countered that the charges were valid and that the law under which Mumia was charged is not outlawed.
"These offences are serious as they target the office of the President and constitute a misuse of digital platforms to spread falsehoods,"the state prosecutor said
He added that the investigation included digital forensic verification of the posts.
consequently, Magistrate Alego granted Mumia a Sh1 million bond or an alternative Sh500,000 cash bail, with two contact persons.
In the case, the Directorate of Criminal Investigations’ Serious Crimes Unit and a digital forensics expert are listed as key witnesses.
The case is set for mention on January 19, 2026, for pre-trial directions.
Mumiah, who has been a prominent voice in public debates on religion and governance, was arrested on December 31, 2025, at his home by the DCI following his online criticism of the President.
His phone was confiscated, and he was held at Muthaiga Police Station over the weekend ahead of his arraignment.
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