"How could detectives be so naïve as to think I sent out hate messages against the Kikuyu, through a Kikuyu, yet I'm even married to one?"

That must have been the question in Emmanuel Siundu Waya's mind one sunny morning soon after he received a call from somebody claiming he had a letter for him.

He agreed to meet the caller at a hotel on Moi Avenue, Nairobi. Little did he know he was beginning seven months of hell on earth.

The caller turned out to be two smartly dressed men who identified themselves as policemen. One, Inspector Jeremiah Kiao, would be the lead investigator.

His accusation? He had sent out a hate SMS disparaging the Kikuyu and President Kibaki on December 30, 2007, the day after President Kibaki was declared the winner by the ECK chairman Samuel Kivuitu.

He allegedly urged other communities to gang up and wipe out "the Kikuyu mafia".

He was led to CID headquarters on Kiambu Road, where the officers tried coercing him to concede the message was from him, but he refused to budge.

Mr Waya claimed the officers lied they knew him, where he lived and his workplace. Mr Waya works at a five-star hotel in Nairobi, but the officers mentioned a different place.

They were also wrong about where he lived, insisting it was Buru Buru. He was remanded at Muthaiga station.

The following morning, January 9, the officers promised he would be charged. But he was not taken to court, as the two still pressed him to concede "to ease our job".

And because of his "arrogance" he was to spend three days in custody. The officers had confiscated his mobile phone and other valuables. He was finally released on a free bond on the fourth day.

Meanwhile, the officers had randomly retrieved three numbers and called the owners. According to Mr Waya, the officers tried coercing the trio, who were his workmates, into implicating him. "They refused because it was a lie," he said.

Mr Waya was told he would appear before a magistrate on January 13. He presented himself for charges to be read against him, but his name was not called.

Inspector Kiao was nowhere. Mr Waya inquired from the prosecutor and was told his file was probably still with police.

He went to Muthaiga, where the officers said they were not in a hurry to charge him. "I was instead asked to present myself at Muthaiga daily at 10am," he said.

He did so for three days only to miss the officer he was supposed to report to.

On complaining, Mr Waya was told to stop going, that the police would come for him when needed. He went back to his work and was immediately dispatched to Zanzibar on assignment.

While there, police called him, accusing him of being on the run. "They said my passport number had been circulated, and that I would be arrested on arrival at the JKIA," he said.

Mr Waya cut short his seven-day trip. Nothing happened at the airport. He proceeded to Muthaiga where he was warned against "running away again".

He heard nothing from the police. When he reported to work on March 26, the officers came calling at midday, armed with a warrant of arrest. "I was arrested for not showing up in court to plead."

Mr Waya was led to KICC Police Station where he was locked up for hours, then transferred to Central Police Station for the night.

The following morning he was taken to court and appeared before senior principal magistrate Stella Muketi. The officers asked for more time, saying they were not ready. The magistrate gave the prosecution three hours.

In the afternoon, Mr Waya was charged with incitement, contrary to section 96(a) of the Penal Code. He "committed the offence" on December 30, 2007 at 7.22pm, while at his "Buru Buru home".

He was accused of sending the SMS using "his" mobile phone number 0733-617085, to Mr John Wahome of mobile number 0722-447125, and that he asked Mr Wahome to forward the message to 10 others.

He denied the offence and was told to pay Sh50,000 bond. His family did not get the money immediately, so Mr Waya was taken to Industrial Area Remand Prison. It was Friday, meaning three days before he could secure his release.

Safaricom and Celtel (now Zain) were to corroborate the allegations. The mobile subscribers submitted a transcript of mobile phones which did not implicate Mr Waya.

Inspector Kiao, the court was told, was training at Kiganjo. The case was to drag on for a month. When he finally showed up, the inspector complained the two mobile phones providers failed him.

Chief magistrate Gilbert Mutembei ruled there was nothing to show Mr Waya sent the message. Mr Waya, released last week, is contemplating suing the State.

" Why didn't I start by finishing my wife?" he said. Mr Waya feels pity for hundreds of youths arrested during the poll chaos.

"They are suffering in prison when they could have been released like me for lack of evidence," he said. The father of two, now in his early thirties, is married to Diana.