Police have freed TikToker Godfrey Maiyo Kakan on a Sh10,000 bond after his two-day detention at the Muthaiga Police Station.
Kakan will return to the Directorate of Criminal Investigations (DCI) headquarters on Monday to learn his fate.
He had been taken to the Milimani Law Courts where he was to be charged with spreading misinformation, false publication and cyber harassment but the court’s online system was down all day and his case could not be registered.
He was represented by lawyers Phillip Maiyo, David Ogara and Tali Israel Tali from the Law Society of Kenya (LSK).
The content creator spent the entire morning within the court precincts, and the system breakdown meant that he could only be freed after he was arrested on Wednesday night.
He was then taken to Muthaiga, where he paid his bond through his lawyers and was freed.
While addressing the media outside the station, Kakan said police had treated him well while he was in custody.
“I want to thank every Kenyan who raised the alarm after my arrest, thank you for the love,” he said.
“I pray that we continue standing together as a country, we continue speaking our minds and exercising our freedom of speech against any form of injustice,” added Kakan.
DCI Officers picked Kakan from his Kimathi House office, and the arrest was captured on a video that spread widely on social media.
He said he was taken to DCI’s Kiambu Road offices, where they questioned him over his social media posts.
“They thought that I was working with a group or something, but I told them those were my personal views.”
He added that he told the police that he was not under any salary to speak out against the Kenya Kwanza administration and he was just exercising his freedom of speech.
His lawyer, Maiyo, said that the charge that his client was facing should never have been brought in the first place.
Stay informed. Subscribe to our newsletter
“The charges are spurious, Kakan was arrested for simply expressing himself,” said Maiyo.
He said that his client was doing the Lord’s work and called on the Director of Public Prosecutions Renson Ingonga not to approve the intended charge by the DCI.
According to the lawyer, the matter has no complainant.
“We are hopeful that these charges will be dropped.”
Peter Malande, Kakan’s father, thanked Kenyans for speaking out over his son’s arrest.
He called on President William Ruto to engage Kenyans in a national dialogue to heal the nation.
“Let every Kenyan know his role, the role of the police and administration, and everybody will be okay.”
LSK lawyer Tali described Kakan’s arrest and intended arraignment in court as strange since the charge he was due to face is laughable.
“There is no offence in law known as alarming publication,” said Tali.
He said that state actors should know that freedom, liberty and human rights are not favours granted by the State.