A Moi University student, David Oaga Mokaya, has been acquitted of charges relating to the alleged publication of false information about President William Ruto, bringing the case to a close after the court found that the prosecution failed to meet the required legal threshold.
Mokaya had been charged under the Computer Misuse and Cybercrimes Act following a controversial post shared on his X account, “Landlord @bozgabi.” The post featured an image of a funeral procession showing a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniform. Accompanying captions suggested that the image depicted President Ruto’s funeral.
The Directorate of Criminal Investigations (DCI) alleged that the image and captions amounted to the publication of false information likely to cause public alarm. Investigators had sought a 21-day detention period to conduct forensic analysis on electronic devices seized from Mokaya, arguing that more time was needed to complete investigations.
The Director of Public Prosecutions (DPP) approved the charges, and the matter proceeded before the Milimani Law Courts. The court declined to withdraw the case and scheduled it for full trial, with the hearing set to commence on May 29 2025. Mokaya pleaded not guilty, and his defence team, led by lawyer Dastan Omari, indicated readiness to proceed.
However, in its final judgment, the court found that the prosecution had failed to prove beyond reasonable doubt that Mokaya was responsible for publishing the post in question. The magistrate held that the evidence presented did not sufficiently link him to the X account or conclusively establish that he authored or shared the image and captions.
As a result, the charge of publishing false information was not substantiated, and Mokaya was acquitted.