Court hears testimony in student’s trial over alleged false post on President Ruto’s death
According to the prosecution, Mokaya used his X account, Landlord @bozgabi, to share the image on November 13, 2024, in a way that could mislead the public into believing it depicted President Ruto’s funeral.
A Nairobi court on Monday began the trial of a university student accused of publishing alleged false information about President William Ruto.
Chief Inspector Bosco Kisau, attached to the Serious Crimes Unit at the Directorate of Criminal Investigations (DCI), told Milimani Senior Principal Magistrate Benmark Ekhumbi that he was dispatched to Eldoret on November 15, 2024, following a complaint about the disputed online post.
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The case centres on David Oaga Mokaya, who was arrested in November 2024 and charged with sharing a post said to suggest the death of the head of state.
The matter has sparked debate over freedom of expression, due process, and the policing of online speech in politically sensitive contexts.
According to Kisau, detectives arrested Mokaya in the Annex area, opposite Moi University, and seized a Samsung mobile phone, a laptop, and an identity card.
Procedural issues
However, during cross-examination by Law Society of Kenya (LSK) lawyers, Kisau admitted to several procedural issues. He confirmed that investigators confiscated the gadgets before obtaining a search warrant, a move he defended but which the defence called unlawful.
Kisau further conceded that he could not establish the source or location of the publication.
"I don't know where the publication was done," he testified.
Defence lawyers Danstan Omari and Shadrach Wambui questioned whether the alleged post contained a photograph of President Ruto. Kisau admitted that it did not. Instead, the court heard, the post featured an image of a casket draped in the Kenyan flag, accompanied by the national anthem and a caption referencing "President Ruto."
Kisau also acknowledged that the post did not spell out President Ruto's full name. The defence argued that "President Ruto" could refer to any Kenyan with that name.
According to the prosecution, Mokaya used his X account, Landlord @bozgabi, to share the image on November 13, 2024, in a way that could mislead the public into believing it depicted President Ruto’s funeral.
Mokaya has denied the charge of publishing false information and is out on a cash bail of Sh50,000.
The hearing continues.
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