Kenyan lawyers and free-speech advocates have strongly criticised the prosecution of Webster Ochora Elijah, the author of an unauthorised biography about Charlene Ruto, daughter of President William Ruto.

The author was arrested and charged with impersonation for publishing Beyond the Name: Charlene Ruto and the Youth Uprising without seeking her permission.

He pleaded not guilty and was released on bail. Charlene, who is listed as the complainant, stated that the author had “misused” her name by failing to consult her prior to publication, regardless of the book’s tone.

However, legal experts argue that writing unauthorised biographies is not illegal. Lawyer and politician Willis Otieno criticised the criminalisation of authorship, calling it a misuse of state power to protect personal egos.

Webster Ochora in court

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Literary critic Mbugua Ngunjiri referenced a 2014 unauthorised biography of former President Uhuru Kenyatta to illustrate that prior consent is not a legal requirement.

Charlene Ruto, speaking to the press, lamented the “bad culture” of exploiting public figures’ names without consequence.

“The gentleman never came to me with a suggestion to write a book, and for me, that is a misappropriation of my name,” she said.

Despite her concerns, the book has not been widely distributed, and little is publicly known about its content. Elijah’s lawyer, Kennedy Mong’are, said his client had written about other public figures before, including Raila Odinga and Donald Trump.

Fellow lawyer Evan Ondieki argued that public figures should expect scrutiny, adding, “You cannot be so thick-skinned that the use of your name or image becomes an offence.”

This is not the first such case. In April, a teacher was charged with impersonating another of President Ruto’s daughters, June Ruto, via a fake Facebook account.

The incident comes amid heightened concerns over freedom of expression in Kenya, following the recent arrest of software developer Rose Njeri.

She was detained for building a tool to help Kenyans oppose the controversial finance bill, charged with cybercrime, and later released on bail. Njeri thanked the public for speaking out against her “ludicrous” arrest.