Social media influencer Francis Gaitho has recently found himself at the center of a legal storm. Charged with disseminating false information, Gaitho’s case highlights the growing tension between freedom of expression and the responsibility that comes with a powerful online presence.

On July 19, 2024, at around 1480 hours, Gaitho allegedly used his “X” social media account to spread misinformation regarding the Directorate of Criminal Investigations (DCI) and their involvement in the Kware killings. The prosecution claims that Gaitho’s posts were not just false but crafted with the intent to mislead the public into believing them to be true and consequential.

Moreover, the charges include a serious accusation that Gaitho’s posts incited fear, violence, or harm toward an innocent individual wrongly linked to the Kware killings. The prosecution insists that Gaitho, given his influence and platform, should have been aware of the potential repercussions of his actions.

Facing these charges, Gaitho appeared before Milimani senior principal magistrate Robinson Ondieki. He pleaded not guilty and, through his lawyer, appealed for lenient bond terms, emphasizing that he was not a flight risk, as evidenced by his arrest at his home.

Despite the defense’s plea, the Director of Public Prosecutions (DPP) pushed for additional measures, including the surrender of Gaitho’s passport to prevent any possibility of fleeing the country.

In the end, the court granted Gaitho release on a cash bail of Sh30,000. The case is set for mention on August 1, a date that will undoubtedly be marked on the calendars of many keenly observing the intersection of law, social media, and public accountability in Kenya.

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