The court is set to determine the way forward in a case in which atheist society founder Harrison Mumia is accused of publishing false information linked to remarks and images about President William Ruto.

Mumia was arraigned at the Milimani Law Courts on January 5 and charged under Section 22 of the Computer Misuse and Cybercrimes Act, which criminalises the publication or circulation of false, misleading or fictitious information likely to cause public alarm or undermine confidence in public institutions.

Prosecutors allege that Mumia circulated the contested material through various social media platforms, falsely portraying the Head of State as deceased and publishing content authorities say was capable of causing fear, panic or unrest.

He denied the charges and pleaded not guilty.

The case is being heard before Chief Magistrate Dolphina Alego, who granted Mumia release on Sh500,000 cash bail or a Sh1 million bond, pending further directions and hearing of the case.

According to court documents, the prosecution maintains that the images and statements were widely shared online before authorities intervened, adding that investigations into the matter are still ongoing.

Mumia had been held by detectives from the Directorate of Criminal Investigations (DCI) for four days before being presented in court, a move that attracted criticism from civil liberties groups and free speech advocates.

Through his lawyers, Mumia has dismissed the accusations, arguing that the charge amounts to an abuse of cybercrime laws that have previously faced constitutional challenges over potential infringement on freedom of expression.

His defence team has indicated it may challenge both the constitutionality of the charge and the manner of his arrest and detention, as the case proceeds to the next stage. By Irene Mwangi, Capital News