Student charged with publishing fake posts on president funeral wants Ruto to take witness stand
By Lucy Mumbi |
Mokaya is charged with computer misuse and publishing false information about a purported funeral procession led by military personnel in ceremonial uniform, with a casket draped in the Kenyan flag, supposedly containing the President’s remains leaving Lee Funeral Home.
A university student charged with publishing false information and sharing an image with misleading captions has requested that President William Ruto be called to testify in his trial.
David Ooga Mokaya, a fourth-year student at Moi University, is accused of publishing false information on X regarding the alleged death of the Head of State.
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Mokaya’s legal team, led by the Law Society of Kenya (LSK) and represented by lawyers Ian Mutiso and Danstan Omari, has filed a request with the Milimani Law Courts for the Director of Public Prosecutions (DPP), Renson Ingonga, to supply witness statements, including that of President Ruto, who is the central figure in the case.
Mokaya is charged with computer misuse and publishing false information about a purported funeral procession led by military personnel in ceremonial uniform, with a casket draped in the Kenyan flag, supposedly containing the President’s remains leaving Lee Funeral Home.
The image, which went viral on social media, was later found to be misleading.
"This is a matter of great public interest as the subject of the trial is the Head of State, whom the accused would like to cross-examine during the hearing," lawyer Ian Mutiso said in court.
He further raised concerns over the DPP’s failure to provide the accused with all necessary witness statements and exhibits for the trial.
Mutiso also highlighted that the police had confiscated Mokaya’s electronic devices, which he claimed hindered his ability to prepare for his graduation from Moi University in December.
“The accused cannot prepare adequately for graduation because he cannot fill the relevant forms and other documentation,” Mutiso added.
The defence team argued that the case against Mokaya was politically motivated, urging the DPP to clarify whether individuals critical of the government would face prosecution.
“It will be very embarrassing for the Head of State to take the witness dock to state whether he was the one in that casket or if he is still alive,” lawyer Danstan Omari said.
He also pointed to previous cases where individuals charged with insulting the President were acquitted, referencing a past case in which an individual mimicked the former President and solicited money from a foreigner.
Omari also questioned the territorial jurisdiction of the Nairobi court, arguing that the matter, which originated in Eldoret, could be better handled by courts in Uasin Gishu County. The defence team indicated they would write to the DPP, requesting a review of the case with the aim of terminating it due to its lack of public value.
In response, prosecuting counsel Virginia Kariuki stated that the charges were not politically motivated and defended the DPP’s decision to proceed with the case. She also noted that the prosecution had no objection to a request for the case to be reviewed.
In his ruling, Magistrate Benmark Ekhubi deferred further comments, stating that the court would await the DPP’s opinion on the matters raised by the defence before making any decisions.
The case will be mentioned again on January 28, 2025, for further directions. Mokaya, who denies the charges, remains out on bond.
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