A court sitting in Mavoko has dismissed an application by Machakos Governor Wavinya Ndeti seeking to have the bail granted to a man accused of publishing false information about her revoked.
Mavoko Law Courts Senior Principal Magistrate Derrick Kuto, in a ruling delivered on Tuesday, said the application by Governor Ndeti lacked merit.
The accused, Felix Mambo Nduli, was released on a cash bail of Sh200,000 on November 4, 2024, after appearing before Chief Magistrate Barbara Ojoo.
He was charged with publishing false information contrary to Section 23 of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
Nduli denied the charges.
According to court records, Governor Ndeti, as the complainant in the case, filed the application on June 30, 2025, seeking the revocation of Nduli’s bail or bond on grounds that he had allegedly failed to comply with court terms.
“This ruling relates to the notice of motion application dated June 30, 2025, brought by the complainant against the accused person... The applicant seeks that the bail or bond issued against the accused person be revoked or cancelled for failure to comply with bail terms prohibiting any further false or defamatory publications involving the complainant,” Magistrate Kuto stated.
The application was supported by an affidavit sworn by Governor Ndeti and opposed by Nduli through a replying affidavit filed on July 31, 2025.
In his ruling, the magistrate noted that the purpose of bond is to ensure that an accused person attends court whenever required, adding that bond or bail can only be denied or revoked if there are compelling reasons.
He observed that while the complainant alleged the accused had continued to make false claims against her despite court warnings, the accused denied the allegations.
Kuto further noted that the mandatory provisions relating to the admissibility of electronic evidence had not been followed, making it difficult for the court to make a conclusive determination at this stage.
“The allegations by the complainant require further inquiry since they are not in black and white to enable the court to decide on them in their current form,” Kuto ruled.
“The complainant is at liberty to present them to the investigating officer for further investigation.”
Finding no compelling reasons to cancel or revoke the accused’s bail, the magistrate dismissed the application.
The court scheduled November 17, 2025, for the hearing of the substantive case on publishing false information.
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