Mwingi Central MP Gideon Mulyungi has suffered a major setback after a Nairobi court discharged blogger and political commentator Kitovoto Mutinda, bringing to an end a high-profile cybercrime case that had attracted significant attention in Kitui County and beyond.
In a ruling delivered at the Milimani Magistrate’s Court on June 10, 2026, Principal Magistrate R.M. Ndombi allowed the withdrawal of the case after the Director of Public Prosecutions (DPP) sought to discontinue the proceedings.
Kitovoto had been facing nine counts of publication of false information under Section 23 of the Computer Misuse and Cybercrimes Act.
The case hit a legal hurdle after the defence raised a preliminary objection, citing a Court of Appeal decision in the Bloggers Association of Kenya (BAKE) versus Attorney General and six others, which declared Section 23 of the Act unconstitutional.
Following the objection, the prosecution sought time to consult the DPP. Upon resumption of the matter, the prosecution informed the court that it had received instructions to withdraw the charges under Section 87(a) of the Criminal Procedure Code, with plans to possibly institute fresh charges.
The defence opposed the application, arguing that the prosecution was seeking to withdraw the case only to pave the way for alternative charges arising from the same set of facts.
However, the court allowed the withdrawal, noting that any issues arising from future charges could be addressed before the court where such charges may be filed.
“The accused herein is discharged unconditionally,” ruled Magistrate Ndombi.
The court further ordered the immediate release of the KSh250,000 cash bail that had been deposited by the accused.
The ruling marks a significant victory for Kitovoto Mutinda, who had consistently maintained that the case against him was unjustified.
The matter had generated intense public interest due to its links to a long-running dispute involving Mwingi Central MP Gideon Mulyungi. The case revolved around online publications that allegedly touched on issues concerning the legislator, with the dispute spilling into the courts and becoming a subject of political discussion within Kitui County.
While the charges have now been withdrawn, the prosecution indicated that fresh charges could still be preferred if investigators establish alternative legal grounds.
For now, however, Kitovoto walks free after a case that had threatened to significantly impact his public profile collapsed following a landmark court ruling on the constitutionality of the law under which he had been charged.
