Wiper-linked Member of the County Assembly (MCA) Urbanus Kyalo Wambua has been arraigned before the Milimani Law Courts over alleged inciting remarks.
Kyalo appeared before Milimani Magistrate Joan Matu where he denied one charge of Cyber harassment and computer misuse.
The charge sheet presented in court accuses Wambua of cyber harassment contrary to Section 27(1)(a), as read with Section 27(2)(a) of the Computer Misuse and Cybercrimes Act, Cap 79C whose legality is awaiting determination by the Supreme Court.
The prosecution alleges that on August 5, 2026, at around 11pm, Wambua willfully communicated with Kibwezi West MP Mwengi Mutuse through his TikTok account, identified in the charge sheet as Hon Kanzala Kana Official with the username @urbanuswambua1.
According to the charge sheet, Wambua posted a video in which he allegedly made incitiful remarks against MP Mutuse who moved a motion to impeach Former Deputy President Rigathi Gachagua.
In the alleged posting, the MCA is quoted cautioning Members of Parliament for Kilome and Kaiti constituencies against inviting or allowing politicians affiliated to MP Mutuse and President William Ruto.
According to the charge filled by the DPP and presented to court, Wambua allegedly lectured members of Parliament from Machakos and Makueni counties against keeping quiet and not drumming up support for the Wiper leader Kalonzo musyoka.
He is accused of cautioning MPs, governors and senators from Ukambani region from turning a blind eye on the developments championed by governors Mutula Kilonzo Junior and Wavinya Ndeti.
" So l want to urge the Kamba community and particularly leaders over this weekend. If you have allowed persons associated to the top leadership of the government, we will have to push you around,"
Further, the MCA has cautioned MPs against keeping quiet in Parliament and failing to contribute positively to bills and motions and raising critical issues concerning the region.
The DPP accuses the MCA of uttering inciting remarks against Mutuse which could boil down to violence thereby hurting him.
The MCA on Friday last week was to be arraigned before court but no charges were preferred against him.
He was later transferred to Muthaiga police station where he was freed on police cash bail of KES 100,000 awaiting his arraignment.
Through his lawyers led by Dan Maanzo and Boniface Nyamu, he urged the court to release him on reasonable bail saying that he will abide by all conditions set by the court.
His defence team described the case as politically motivated, arguing that the charge arose from competition between two politicians.
Lawyer Nyamu told the court that Wambua was not a flight risk, describing him as a family man with a fixed abode in Makindu.
“He is not a flight risk and is a family man and has fixed abode in Makindu. He actually presented himself in court as ordered by the DCI detectives,” Nyamu told the court.
The lawyer further argued that the circumstances surrounding the arrest raised questions about the decision to prosecute the MCA in Nairobi.
“To note that this is a politically motivated charge. The accused was arrested in a county in Makueni,” he said.
The defence also questioned why Wambua was brought before the Milimani court instead of being charged before courts along the Mombasa Road corridor, given that the alleged offence and arrest occurred in Makueni.
“There is no explanation given by the state why they charged him here and not other courts along Mombasa Road in Makindu Kilungu, Machakos,Mavoko, and Makadara law courts ,” the lawyer said.
The defence maintained that the complainant Mutuse is a politician from Kibwezi, arguing that the criminal proceedings were linked to political competition between the two.
The prosecution, however, did not oppose the MCA's release on bail.
DPP through state prosecutor Victor Owiti told the court that the State was not opposed to bail, while urging the magistrate to consider the nature of the offence and Wambua's position as a public officer when setting the terms.
“We are not opposed to bail. But the court should take judicial notice that the accused is a politician,” Owiti told the court.
However, the DPP urged the court not to release the accused on a personal bond, citing what he described as an increase in offences committed through the internet, particularly involving politicians.
“There has been a surge on offences committed on the internet under computer misuse Act especially by the politicians. And in the recent past the politicians have abused the internet,” Owiti said.
While maintaining that the prosecution was not opposing bail, Owiti urged the court to consider what he termed an aggravating factor arising from Wambua's position as a public officer.
“While the DPP does not oppose bail to consider the aggregating factor that being a public officer he has a higher responsibility,” he said.
The prosecution further pointed out that the charge facing the MCA was a felony rather than a misdemeanor.
“This is a felony charge not a misdemeanor offence facing the MCA,” Owiti said.
Maanzo urged the court to release Wambua, saying the accused was prepared to comply with any conditions imposed by the court.
“As much as the Parliament passed this law in 2018 there was always a debate whether it is used in times like this against politicians,” Maanzo told the court.
He argued that the seriousness of the charge should not, by itself, prevent the court from granting bail.
“As much as the charge is a felony, he is willing to abide by the terms,” Maanzo said.
The lawyer urged the court to allow the nominated MCA to return to his duties.
“He can be allowed to go serve the people,” he said.
