In a ruling delivered on Friday, Justice Alexander Muteti directed that Ngache be released from police custody by 5 p.m., effectively overturning an earlier order by the Milimani Law Courts that had permitted detectives to hold her for three days to complete investigations.

The judge also directed that the matter be mentioned on Monday, when the High Court is expected to issue further directions on the constitutional issues raised in the case.

Ngache, popularly known online as Princess Halima, was arrested on June 30 during what the Directorate of Criminal Investigations (DCI) described as an intelligence-led operation in Kazandani, Bamburi, Mombasa County.

Detectives from the DCI’s Serious Crimes Unit allege she is linked to the verified X account @sholard_mancity, which allegedly published detailed information about President William Ruto’s international travel, including flight routes, destinations and aircraft details during recent official trips to Europe.

According to investigators, the account published posts claiming that President Ruto travelled aboard a chartered private jet from Belgium to Norway on June 8, later flew from Norway to Finland on June 10, and on June 25 allegedly departed Kenya with plans to board another private aircraft in Madagascar.

Court documents filed by Corporal Edwin Metto state that the motive behind the publication of the information remains unknown.

“…the motive of the alleged tracking remains unknown and the information published by the said user has caused apprehension on the person of the Head of State as well as Kenyan citizens,” the investigating officer stated in an affidavit filed before court.

The DCI maintains that the alleged posts may amount to offences under the Computer Misuse and Cybercrimes Act, arguing that publication of the travel movements of protected persons raises significant national security concerns.

Following her arrest, detectives recovered two mobile phones, a Dell laptop, a Tecno tablet and three flash drives, which they sought to subject to forensic examination.

Investigators initially requested seven days to complete the analysis and obtain information from other agencies before forwarding the investigation file to the Office of the Director of Public Prosecutions (ODPP).

However, Senior Principal Magistrate Theresa Nyangena declined the request and instead granted detectives three days, finding that the shorter period would be sufficient to complete the remaining investigations.

One of the central issues raised during the proceedings was that the X account under investigation allegedly remained active even after Ngache had been arrested and transported from Mombasa to Nairobi.

The DCI argued that the continued activity suggested more than one individual could have been operating the account.

Ngache, however, relied on the same fact to dispute investigators’ claims that she was solely responsible for the account.

She told the court that despite all her electronic devices being seized, fresh posts continued appearing on the platform while she remained in police custody, casting doubt on allegations that she was its administrator.

That argument has become one of the major points likely to feature prominently as the constitutional challenge proceeds.

Ngache has also questioned the manner of her arrest, arguing that she was apprehended without being informed of the reasons for her arrest and without a warrant before being transferred from Mombasa to Nairobi.

The case has attracted widespread public attention because it sits at the intersection of national security and constitutional freedoms.

While investigators argue that publishing real-time or detailed information concerning the movements of a sitting Head of State could expose protected persons to security risks, digital rights advocates have increasingly questioned whether authorities are stretching cybercrime laws to criminalise online speech.

The matter also comes only days after another significant High Court decision striking down provisions of the Computer Misuse and Cybercrimes (Amendment) Act, 2025, which had granted authorities broad powers to block websites without court orders.

That judgment reaffirmed constitutional protections on freedom of expression and access to information, further intensifying debate over the scope of digital regulation in Kenya.

Legal experts say the outcome of Ngache’s case could shape future investigations involving open-source intelligence, social media reporting and the publication of publicly available aviation data.

Globally, flight tracking has become increasingly accessible through publicly available aviation platforms, allowing users to monitor aircraft movements using transponder signals.

Governments, however, often distinguish between publicly available aviation data and the deliberate dissemination of information involving protected state officials where security considerations arise.

In Kenya, the DCI insists its investigation is not aimed at restricting legitimate freedom of expression but at determining whether any criminal offences were committed under existing cybercrime laws.

For now, Justice Muteti’s ruling means Ngache will regain her freedom while detectives continue their investigations.

Whether prosecutors ultimately approve criminal charges, and whether the courts draw a new constitutional line between digital expression and national security, will begin to emerge when the matter returns to the High Court on Monday.

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Harrison Nyende Mumia, 47, who has been in custody for 20 days at Industrial Area Remand Prison made the new demands yesterday when he appeared before Milimani Magistrate Rose Ndombi.

Through his legal team led by lawyer Lempaa Soyianka, Mumia argues that since President Ruto is the main complainant in the matter, the court should compel him to provide a witness statement and testify in the case.

Soyianka further told the court that the defence cannot proceed with the hearing until the Office of the Director of Public Prosecutions supplies President Ruto’s witness statement, urging the court to delay fixing a hearing date until the document is availed.

“We cannot meaningfully proceed with this matter without the complainant’s statement, and since the President is the main complainant, we urge the court to compel him to record and supply his witness statement before any hearing date is fixed. He should also be compelled to be called as witness in case,” Soyianka told the court.

The defense team also urged the court for a reduction of bail from Sh 500,000 imposed on Mumia to SH 50,000 claiming the accused is unable to raise the current bail terms.

Mumia’s lawyer Abner Mango told the court that his client has been languishing in custody since his initial appearance before Chief Magistrate Dolphina Alego on January 5, 2026, when he was granted SH 500,000 cash bail or a Sh 1 million bond with surrender of his passport.

“Your honor, the accused appeared before Alego on January 5. Your honour he was released on punitive bail terms of Sh 500,000 cash bail and a bond of a Sh 1 Million with a surrender of his passport. He has not been able to raise the same and he remains incarcerated at Industrial area,” Mango submitted.

The defense is now seeking a drastic reduction of the bail terms from to Sh 50,000 an amount they say the family can afford.

Making his case for bail reduction, Mango argued that Mumia poses no flight risk, pointing out that police knew exactly where to find him when they conducted a raid at his Kangundo Road residence.

“Your honor the accused is not a flight risk he was arrested when the DCI raided his home in Kangundo road so the residence is well known by the IO. He is a respected person in this country and has no where to go. He will be attending this court when required,” Mango told the court.

The defense lawyer further challenged the very foundation of the charges, revealing that the Computer Misuse and Cybercrimes Act is currently under challenge at the Court of Appeal.

“Your honour the offences the accused is charged with computer misuse… the act is under challenge at the court of appeal. Your honour let it not escape the court that the charges against him are political,” Mango argued.

He pleaded with the court not to punish Mumia before he has been found guilty.

“Your honour is in that basis that we pray the accused is granted affordable bail terms so that he is not punished before a court of law finds him guilty. Your honour while incarcerated has been put in risk,” Mango submitted.

The prosecution, however, rejected the defense’s arguments, insisting that bail had already been granted and the accused’s inability to meet the terms was not the state’s responsibility.

“Your honour let it be known that bail was not denied it was granted. Failure for one to raise the bail can not be pinned against the prosecution,” the prosecution stated.

The state further pointed to inconsistencies in the defense’s position, citing an affidavit that indicated the real problem was the inability to locate Mumia’s ID and passport, not lack of funds.

“Your honour have been served with affidavit where indicate that sole issue that is hindering them is that they could not find the accused persons ID and passports. Your honour the said affidavit informs states that the visited the accused person in preparation to raise bail. They didn’t state they are unable to raise the amount but they say they couldn’t get his ID and passport,” the prosecution argued.

Magistrate Ndombi ordered that a pre-bail report be filed before making any orders on the reduction of bail. The court has detained Mumia until Thursday, when it will deliver its ruling on whether to reduce the Sh1 million bail terms.

In the case, Mumia faces four counts under Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018, all related to posts allegedly made on December 30, 2025.

According to the charge sheet, Mumia is alleged to have used a pseudo Facebook account under the name Robinson Kipruto Ngetich to publish images of President Ruto lying on a bed and falsely portraying him as deceased.

Another image allegedly depicted the President on a hospital bed in critical medical condition.

“On December 30, 2025 at an unknown place within the Republic of Kenya knowingly published false information… by posting an image of President William Ruto lying on a bed and falsely portraying him as deceased, information you knew to be false,” the charge sheet reads in part.

He is also accused of publishing similar false images on his Instagram account, @harrisonmumia, showing the President lying on a bed in critical medical condition, falsely suggesting severe illness or death.

Making his case for bail reduction, Mango argued that Mumia poses no flight risk, pointing out that police knew exactly where to find him when they conducted a raid at his Kangundo Road residence.

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