NAIROBI – Kenya’s top prosecutor has declined to bring charges against a Kisii-based social media influencer arrested last week over posts criticising a senior police officer, citing a lack of evidence.
Kelvin Moinde was taken into custody on Thursday in Tendere village, Kisii County, by police officers who later transferred him to Nairobi more than 300 kilometres away. He had been accused of posting allegations online about Deputy Inspector General of Police, Eliud Lagat.
But on Sunday, Director of Public Prosecutions Renson Ingonga said the case did not meet the legal threshold for prosecution.
“Upon careful perusal of the inquiry file, the Director of Public Prosecutions is satisfied that there is no sufficient evidence to charge Mr. Kelvin Moinde,” his office said in a statement.
The ODPP added that its decisions remain guided by law, the public interest, and the need to uphold justice.
Moinde had been held at Kamukunji Police Station in Nairobi since his arrest. According to police sources, he was first booked in Kisii before being transported to Nairobi’s Directorate of Criminal Investigations headquarters for questioning.
His arrest came amid growing national debate over the shrinking space for free speech online and the state’s response to criticism on digital platforms. Several influencers, bloggers, and political commentators have in recent months reported harassment or detention over content shared on social media.
Rights groups have called the episode a troubling sign of government overreach, especially as the case followed closely on the heels of the death of Albert Ojwang’ another digital activist while in police custody under similarly murky circumstances.
“This is part of a pattern of intimidation against online critics,” said a Nairobi-based digital rights advocate who asked not to be named. “People shouldn’t have to fear arrest for what they say online.”
Police have yet to publicly explain why Moinde was transported such a long distance for questioning, or whether any officers involved in his arrest will face internal review. The National Police Service has not commented on the DPP’s decision.
Moinde, who has a modest following on platform X, has since been released. His posts questioning the conduct of senior police officials have been deleted.
The decision not to prosecute has been welcomed by free expression advocates but has also raised broader concerns about the use of police powers to detain citizens without clear cause.
“This shouldn’t have happened in the first place,” said one lawyer familiar with the case. “We must ask hard questions about how these arrests are being carried out and whether they serve justice or simply silence.”
