Milimani Senior Principal Magistrate Robinson Kebabe Ondieki, on Friday, April 10, 2025, released Junior Secondary School (JSS) teacher Samwel Mogwasi Mainga on a Ksh50,000 cash bail over the accusation of impersonating June Ruto.
Delivering the ruling, Senior Principal Magistrate Ondieki stated that the prosecution did not submit enough grounds to detain the teacher for seven days.
“After going through submissions from both sides, I have not found any compelling reasons to detain the respondent (teacher Samwel Mainga) for seven days,” Senior Principal Magistrate Ondieki ruled.
However, the court ordered the JSS teacher, Samwel Mainga, to report to the DCI offices every Friday.
On Thursday, April 10, 2025, police sought to detain the JSS teacher linked with identity theft and impersonating June Ruto, contrary to section 29 of the Computer Misuse and Cybercrime Act No.5 of 2018.
According to the application filed by the Investigative Officer (IO) Peter Mwangi, Mainga was said to have posted some content on a fake Facebook account bearing June Ruto’s name between March 20, 2025, and April 8, 2025.
“The gist of the matter is that between 20th day of March, 2025, and 8th April, 2025, the respondent allegedly posted some contents in June Ruto Facebook account purporting to be the real June Ruto,” part of the miscellaneous application read.
IO Mwangi stated that due to the nature and complexity of the matter, they needed more days so as to be able to extract vital information in relation to the matter and record statements from the remaining witnesses.
He also stated that the teacher is a flight risk and that his place of abode is not established, thus placing him at risk of fleeing the jurisdiction of the court.
However, Lawyer Danstan Omari, representing teacher Mainga, vehemently objected to the DCI application, citing that the arrested teacher left his students unattended and stranded in Mombasa.
He told the court that there were no compelling reasons presented by the DCI to allow them detain the respondent for seven days urging the court to dismiss the application.
Notably, he told the court that there was no need to detain the teacher in custody for them to investigate the Facebook account, stating that they could investigate the account while he was out.
Further, lawyer Omari urged the court to release his client on a reasonable bail and be given conditions to be reporting to the investigative officer.
“It is my humble prayer that the court rejects the application and releases the respondent on a reasonable bail,” Omari told the court.
Additionally, he told the court that teacher Mainga is ready to cooperate with the police during the investigations.
Mainga was arrested on Wednesday, April 9, 2025, within Mombasa County, where he had taken his JSS pupils to participate in the National Sports event taking place in Mombasa.
The case will be mentioned on April 24, 2025, for further directions.