'l The applicant filed the motion dated 4.8.25 seeking the following orders : .
i. ………………………Spent
ii. . THAT the honorable court be pleased to issue a warrant to investigate the FACEBOOK Account dubbed ANTHONY NDEGE MACHOKA, link; https://vv\ÅA\''.facebook.eom/anthony.machoka/videos/7175857977683 94/$1app=fbl authorizing No. 241435 IP JACOB KOLA, of DCI Kisii, or any other investigator appointed by him, to have access and obtain information from the respondents herein, to provide;
a. The current user of the said FACEBC)OK Account and Video post on 20th July 2025
b. The mobile subscriber numbers details, IMEI history paired to & MSISDN history of the subscriber numbers and their geolocation; that were used for access of the said FACEBOOK Account user and posts in question.
c. The most current profile pictures and/or background photo used by the FACEBOOK Account user.
d. The device types, serial numbers and models that were used to gain access believed to be used to host/paired to the said FACEBOOK Account and posts.
e. Account user date information.
f. Software version.
g. Date of birth, if any, of the user of the FACEBOOK Page Account.
h. The alternative email addresses used in gaining access, modification and
verification of the facebook Account and posts in question.
Current User(s) location information.
j. IP Addresses, MAC addresses, paired to the FACEBO()K Account and posts.
k. Pull down the contents published after the access and preserve the FACEBOOK posts.
Any other relevant information that will assist me conclusively investigate the matter
iii. THAT the orders of this Honorable Court be served upon the Meta Platforms, Inc. 1 Meta Way Menlo Park, CA 94025, to nominate authorized person(s) to prepare and give to No. 241435 IP JACOB KOLA, a police officer and investigator attached to DCI Kisii (Applicant), or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B(4) of the Evidence Act Cap 80 Laws of Kenya in respect of any evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with the orders of this Honourable Court.
iv. THAT the orders of this Honorable court be served upon the respondents for compliance.
v. THAT there is no order as to costs of this application.
vi. THAT this application is supported by affidavit sworn by No. 241435 IP JACOB KOLA on the . day of August, 2025 and filed in support of this motion, and the grounds that :
a. THAT, the applicant is investigating a matter relating to offences of matter relating to offences of Publishing of defamatory matter contrary to section 194 as read with section 36 of the Penal Code & Publication of false information contrary to section 22 of the computer misuse and Cybercrimes Act No. 5 of 201 8, among other offences.
b. THAT, the complaint Alfred Moreka Nyagwoka, Board Secretary and Chief Executive Officer of Kisii County Public Service Board, reported on the 24/7/2025 at Kisii police Station vide a complaint referenced 0B: 53/24/7/2025 a case of Publishing of defamatory matter.
c. THAT, Investigations into the matter immediately commenced, with initial interview of the complainant therein, who informed the Applicant that facebook account dubbed Anthony Ndege Machoka. link: https://www.facebook.com/anthony.machoka/videos/717585797768394/$2app=fbl posted the defamatory video on the 20 th July 2025 uttering that i) in the recently concluded recruitment exercise involving the selection of 1 10 health workers in Kisii county, each successful candidate allegedly paid a bribe of Ksh 300,()()0/= to the County Public Service Board in order to secure their employment. ii) That not a single candidate fromBokimoge ward or the larger Bomachoge Borabu Constituency received an appointment letter from the list of those selected, despite the fact that the recruitment process was officiated by H.E Governor Simba Arati.
d. THAT, the complainant herein, after learning the posting of that said video in facebook media, he reiterated that the utterance are false and meant to mislead the public and the community and amount to direct attack on the intergrity of County Public service Board. He deny the assertion that any bribes were solicited or received by the county public service board in the recruitment of 1 10 health workers which adhered to meritocracy and procedural compliance as stipulated in the relevant public service regulations.
e. THAT, the complainant further endeavored to inform regarding the claim of exclusion of candidates from Bokimonge ward and Bomachoge Borabu is factually incorrect and confirmed Seven (7) candidates selected from that area and there is a report confirming that.
f. THAT, the aforementioned unauthorized FACEBOOK Account holder has maintained the post (video) Upto date.
g. THAT, the applicant humbly appeals to the respondent herein, not to issue any notifications to the user of the suspicious FACEBOOK Accounts and posts, as it is prohibited under Kenyan law as provided in Chapter 4, article 24(1) (d) ofthe Kenyan Constitution on the Limitation of Rights and Fundamental Freedoms and that if user notification is allowed, there is a high likelihood of the alleged perpetrator evading arrest.
h. THAT, due to the circumstances surrounding the preparation to commit the crime, it is necessary to conduct investigations in respect of the aforementioned Account; which are hosted by Meta Platforms, Inc. 1 Meta Way Menlo Park, CA 94025; believed to be domiciled in the USA.
i. THAT, the information held by the respondent herein, will assist in identifying the person(s) involved in the crime, as well as form part of the exhibits in the matter.
j. THAT, most, if not all, of the documents that the applicant through its investigating officer is seeking are mainly maintained electronically and, thus, they fall under electronic evidence tor which a certificate contemplated under Section 1()6 B (4) of the Evidence Act, Chapter 80 laws of Kenya is applicable.
k. THAT, in that regard, the most appropriate persons to produce a certificate alluded to in ground 14, above, being persons well versed with electronic records and electronic devices and include persons authorized by the respondent.
l. THAT, this Honorable court has jurisdiction to grant the orders sought and it is in the best interests of justice to have the orders sought issued.
m. THAT, the orders sought be served to the respondents herein.
2. The supporting affidavit reiterates the grounds on the face of the application .
3. I have carefully considered the application ex-parte . It has been established that the investigating officer ins investigating alleged the Commission
of an offence of Publishing of defamatory matter contrary to section 194 as read with section 36 of the Penal Code & Publication of false information contrary to section 22 of the computer misuse and Cybercrimes Act No. 5 of 2()18, among other offences, it is necessary and desirable to issue warrants to investigate FACEBOOK Account dubbed: ANTHONY NDEGE MACHOKA, link; https://vovvw.facebook.com/anthony.machoka/videos/71.The said investigations,are necessary and desirable to issue an order compelling META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025, the Respondent herein, to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to Directorate of Criminal Investigations Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with orders of this Honorable Court.
4. Also that for the purposes of the said investigations,it is necessary and desirable to issue an order compelling , META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025, the Respondent herein, to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to Directorate of Criminal Investigations Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with orders of this Honorable Court.
the said investigations,are necessary and desirable to issue an order compelling META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025, the Respondent herein, to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to Directorate of Criminal Investigations Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with orders of this Honorable Court.
5. In the upshot , i find merit in the application and it is in the interest of justice I proceed to issue the following orders :
i. A warrant do and is hereby issued authorizing No. 241435 IP JACOB KOLA, an investigator attached to DCI Kisii, or any other investigator attached to and authorized by the Applicant, to demand that you avail to him subscriber information of the above stated FACEBOOK Account dubbed: ANTHONY NDEGE MACHOKA, link; https://vovvw.facebook.com/anthony.machoka/videos/71and posts, all held at META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025 OF UNITES STATES OF AMERICA, for him to have access and to require production for his scrutiny of the following user data where possible:-
a. The current user of the said FACEBOOK Account and Video post on July 2025
b. The mobile subscriber numbers details, IMEI history paired to & MSISDN history of the subscriber numbers and their geolocation; that were used for access of the said FACEBOOK Account user and posts in question.
c. The most current profile pictures and/or background photo used by the FACEBOOK Account user.
d. The device types, serial numbers and models that were used to gain access believed to be used to host/paired to the said FACEBOOK Account and posts.
e. Account user date information.
f. Software version.
g. Date of birth, if any, of the user of the FACEBOOK Page Account.
h. The alternative email addresses used in gaining access, modification and verification of the FACEBOOK Account and posts in question. Current User(s) location information.
j. IP Addresses, MAC addresses, paired to the FACEBOOK Account and posts.
k. Pull down the contents published after the access and preserve the FACEBOOK posts.
ii. An order is hereby issued compelling the respondent , to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to DCI Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence contemplated under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with Order l , above, of this Honourable Court.
iii. That the orders shall lapse within 90 days from today
'
i. ………………………Spent
ii. . THAT the honorable court be pleased to issue a warrant to investigate the FACEBOOK Account dubbed ANTHONY NDEGE MACHOKA, link; https://vv\ÅA\''.facebook.eom/anthony.machoka/videos/7175857977683 94/$1app=fbl authorizing No. 241435 IP JACOB KOLA, of DCI Kisii, or any other investigator appointed by him, to have access and obtain information from the respondents herein, to provide;
a. The current user of the said FACEBC)OK Account and Video post on 20th July 2025
b. The mobile subscriber numbers details, IMEI history paired to & MSISDN history of the subscriber numbers and their geolocation; that were used for access of the said FACEBOOK Account user and posts in question.
c. The most current profile pictures and/or background photo used by the FACEBOOK Account user.
d. The device types, serial numbers and models that were used to gain access believed to be used to host/paired to the said FACEBOOK Account and posts.
e. Account user date information.
f. Software version.
g. Date of birth, if any, of the user of the FACEBOOK Page Account.
h. The alternative email addresses used in gaining access, modification and
verification of the facebook Account and posts in question.
Current User(s) location information.
j. IP Addresses, MAC addresses, paired to the FACEBO()K Account and posts.
k. Pull down the contents published after the access and preserve the FACEBOOK posts.
Any other relevant information that will assist me conclusively investigate the matter
iii. THAT the orders of this Honorable Court be served upon the Meta Platforms, Inc. 1 Meta Way Menlo Park, CA 94025, to nominate authorized person(s) to prepare and give to No. 241435 IP JACOB KOLA, a police officer and investigator attached to DCI Kisii (Applicant), or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B(4) of the Evidence Act Cap 80 Laws of Kenya in respect of any evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with the orders of this Honourable Court.
iv. THAT the orders of this Honorable court be served upon the respondents for compliance.
v. THAT there is no order as to costs of this application.
vi. THAT this application is supported by affidavit sworn by No. 241435 IP JACOB KOLA on the . day of August, 2025 and filed in support of this motion, and the grounds that :
a. THAT, the applicant is investigating a matter relating to offences of matter relating to offences of Publishing of defamatory matter contrary to section 194 as read with section 36 of the Penal Code & Publication of false information contrary to section 22 of the computer misuse and Cybercrimes Act No. 5 of 201 8, among other offences.
b. THAT, the complaint Alfred Moreka Nyagwoka, Board Secretary and Chief Executive Officer of Kisii County Public Service Board, reported on the 24/7/2025 at Kisii police Station vide a complaint referenced 0B: 53/24/7/2025 a case of Publishing of defamatory matter.
c. THAT, Investigations into the matter immediately commenced, with initial interview of the complainant therein, who informed the Applicant that facebook account dubbed Anthony Ndege Machoka. link: https://www.facebook.com/anthony.machoka/videos/717585797768394/$2app=fbl posted the defamatory video on the 20 th July 2025 uttering that i) in the recently concluded recruitment exercise involving the selection of 1 10 health workers in Kisii county, each successful candidate allegedly paid a bribe of Ksh 300,()()0/= to the County Public Service Board in order to secure their employment. ii) That not a single candidate fromBokimoge ward or the larger Bomachoge Borabu Constituency received an appointment letter from the list of those selected, despite the fact that the recruitment process was officiated by H.E Governor Simba Arati.
d. THAT, the complainant herein, after learning the posting of that said video in facebook media, he reiterated that the utterance are false and meant to mislead the public and the community and amount to direct attack on the intergrity of County Public service Board. He deny the assertion that any bribes were solicited or received by the county public service board in the recruitment of 1 10 health workers which adhered to meritocracy and procedural compliance as stipulated in the relevant public service regulations.
e. THAT, the complainant further endeavored to inform regarding the claim of exclusion of candidates from Bokimonge ward and Bomachoge Borabu is factually incorrect and confirmed Seven (7) candidates selected from that area and there is a report confirming that.
f. THAT, the aforementioned unauthorized FACEBOOK Account holder has maintained the post (video) Upto date.
g. THAT, the applicant humbly appeals to the respondent herein, not to issue any notifications to the user of the suspicious FACEBOOK Accounts and posts, as it is prohibited under Kenyan law as provided in Chapter 4, article 24(1) (d) ofthe Kenyan Constitution on the Limitation of Rights and Fundamental Freedoms and that if user notification is allowed, there is a high likelihood of the alleged perpetrator evading arrest.
h. THAT, due to the circumstances surrounding the preparation to commit the crime, it is necessary to conduct investigations in respect of the aforementioned Account; which are hosted by Meta Platforms, Inc. 1 Meta Way Menlo Park, CA 94025; believed to be domiciled in the USA.
i. THAT, the information held by the respondent herein, will assist in identifying the person(s) involved in the crime, as well as form part of the exhibits in the matter.
j. THAT, most, if not all, of the documents that the applicant through its investigating officer is seeking are mainly maintained electronically and, thus, they fall under electronic evidence tor which a certificate contemplated under Section 1()6 B (4) of the Evidence Act, Chapter 80 laws of Kenya is applicable.
k. THAT, in that regard, the most appropriate persons to produce a certificate alluded to in ground 14, above, being persons well versed with electronic records and electronic devices and include persons authorized by the respondent.
l. THAT, this Honorable court has jurisdiction to grant the orders sought and it is in the best interests of justice to have the orders sought issued.
m. THAT, the orders sought be served to the respondents herein.
2. The supporting affidavit reiterates the grounds on the face of the application .
3. I have carefully considered the application ex-parte . It has been established that the investigating officer ins investigating alleged the Commission
of an offence of Publishing of defamatory matter contrary to section 194 as read with section 36 of the Penal Code & Publication of false information contrary to section 22 of the computer misuse and Cybercrimes Act No. 5 of 2()18, among other offences, it is necessary and desirable to issue warrants to investigate FACEBOOK Account dubbed: ANTHONY NDEGE MACHOKA, link; https://vovvw.facebook.com/anthony.machoka/videos/71.The said investigations,are necessary and desirable to issue an order compelling META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025, the Respondent herein, to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to Directorate of Criminal Investigations Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with orders of this Honorable Court.
4. Also that for the purposes of the said investigations,it is necessary and desirable to issue an order compelling , META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025, the Respondent herein, to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to Directorate of Criminal Investigations Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with orders of this Honorable Court.
the said investigations,are necessary and desirable to issue an order compelling META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025, the Respondent herein, to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to Directorate of Criminal Investigations Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with orders of this Honorable Court.
5. In the upshot , i find merit in the application and it is in the interest of justice I proceed to issue the following orders :
i. A warrant do and is hereby issued authorizing No. 241435 IP JACOB KOLA, an investigator attached to DCI Kisii, or any other investigator attached to and authorized by the Applicant, to demand that you avail to him subscriber information of the above stated FACEBOOK Account dubbed: ANTHONY NDEGE MACHOKA, link; https://vovvw.facebook.com/anthony.machoka/videos/71and posts, all held at META PLATFORMS, INC. 1 META WAY MENLO PARK, CA 94025 OF UNITES STATES OF AMERICA, for him to have access and to require production for his scrutiny of the following user data where possible:-
a. The current user of the said FACEBOOK Account and Video post on July 2025
b. The mobile subscriber numbers details, IMEI history paired to & MSISDN history of the subscriber numbers and their geolocation; that were used for access of the said FACEBOOK Account user and posts in question.
c. The most current profile pictures and/or background photo used by the FACEBOOK Account user.
d. The device types, serial numbers and models that were used to gain access believed to be used to host/paired to the said FACEBOOK Account and posts.
e. Account user date information.
f. Software version.
g. Date of birth, if any, of the user of the FACEBOOK Page Account.
h. The alternative email addresses used in gaining access, modification and verification of the FACEBOOK Account and posts in question. Current User(s) location information.
j. IP Addresses, MAC addresses, paired to the FACEBOOK Account and posts.
k. Pull down the contents published after the access and preserve the FACEBOOK posts.
ii. An order is hereby issued compelling the respondent , to nominate authorized person(s) to make and give to No. 241435 IP JACOB KOLA, an investigator attached to DCI Kisii, or any other investigator attached to and authorized by the Applicant, a certificate of production of electronic evidence contemplated under section 106B (4) of the Evidence Act in respect of evidence (certified copies) generated electronically or from electronic device(s) that shall be given in compliance with Order l , above, of this Honourable Court.
iii. That the orders shall lapse within 90 days from today
'