The Directorate of Criminal Investigations (DCI) has sought a 21-day detention period for a university student accused of disseminating false information concerning President William Ruto. The student, David Ooga Mokaya, a fourth-year at Moi University, allegedly shared an image depicting a fabricated funeral procession of the President. The image portrayed military personnel escorting a casket draped in the Kenyan flag, purportedly containing the remains of President Ruto.
Mokaya faces charges under the Computer Misuse and Cybercrimes Act for publishing false information. In response to these charges, his legal representatives have filed a request at the Milimani Law Courts, urging the Director of Public Prosecutions (DPP) to provide witness statements from President Ruto, given his central role in the case. The defense contends that cross-examining the President is essential for a fair trial.
The DCI’s application for a 21-day detention aims to allow sufficient time for comprehensive investigations, including forensic analysis of electronic devices seized from Mokaya. The prosecution argues that releasing the accused on bail could lead to interference with ongoing investigations. Conversely, the defense maintains that Mokaya poses no flight risk and that all pertinent evidence is already in the authorities’ possession.
This case underscores the delicate balance between upholding freedom of expression and addressing the spread of false information, especially when it pertains to high-profile individuals such as the Head of State. The court’s forthcoming decisions will likely set significant precedents regarding the limits of online expression and the legal responsibilities of individuals in the digital age.