Court told President Ruto not complainant in X post case against David Mokaya
If convicted, David Mokaya faces penalties under laws governing the publication of false and alarming information online.
A police officer's testimony has cast new light on the ongoing case against David Mokaya, who is accused of publishing a misleading image on X (formerly Twitter) suggesting the death of President William Ruto.
Testifying before Milimani senior principal magistrate Benmark Ekhubi, Investigating Officer Karanja revealed that contrary to public assumption, President Ruto was not the complainant in the case. Instead, he stated that the Office of the Director of Public Prosecutions (ODPP) had filed the complaint.
More To Read
- President Ruto outlines four Raila-inspired pillars to drive Kenya’s growth
- Raila Odinga’s life offers five key lessons to guide Kenya’s future - President Ruto
- Raila was a political engineer, and I was his student- Ruto
- Ruto: I reached out to Raila after 2022 elections to right historical injustices
- Ruto recounts painful moment he found out about Raila’s death
- President Ruto hints at UDA-ODM coalition ahead of 2027 elections
This disclosure sparked sharp objections from the defence, led by Lawyers Danstan Omari, Ian Mutiso, and Martina Swiga, who argued that the ODPP could not simultaneously act as the complainant and prosecutor, terming it a clear conflict of interest.
During the cross-examination, it also emerged that police seized Mokaya's electronic devices without obtaining a search warrant.
Officer Karanja admitted he was not aware that the tracking and confiscation of the suspect's gadgets had been conducted illegally, further deepening questions about the investigation's legality.
In the case, Mokaya is accused of contravening the Computer Misuse and Cybercrimes Act by allegedly publishing false information intended to mislead the public.
The post in question, shared on November 13, 2024, through his account Landlord @bozgabi, showed what appeared to be a presidential funeral procession - a casket wrapped in the Kenyan flag and guarded by uniformed officers.
Prosecutors claim the image was digitally manipulated to create panic and spread misinformation about the Head of State.
With the prosecution having now closed its case, the matter will be mentioned on November 5, 2025, to confirm the filing of written submissions before the court determines whether Mokaya has a case to answer.
If convicted, Mokaya faces penalties under laws governing the publication of false and alarming information online.
Top Stories Today
