A Nairobi court has continued hearing testimony in the case of David Oaga Mokaya, a university student accused of publishing a false social media post suggesting that President William Ruto was dead.
The case, which has drawn attention to issues of freedom of expression and due process in handling online speech, stems from Mokaya’s arrest in November 2024. He is charged with publishing false information using his X (formerly Twitter) account under the handle Landlord @bozgabi.
Chief Inspector Bosco Kisau, attached to the Serious Crimes Unit at the DCI headquarters, testified on Monday that he was dispatched to Eldoret on November 15, 2024, to arrest Mokaya following a complaint about the post. Detectives allegedly seized a Samsung phone, a laptop, and an ID card during the arrest.
However, cross-examination by defence lawyers representing the Law Society of Kenya (LSK) revealed gaps in the investigation. Kisau admitted that the gadgets were confiscated before a search warrant was obtained and could not confirm the origin or source of the publication. He also confirmed that no statement had been taken from President Ruto.
The court further heard that the controversial post did not display an image of President Ruto, but rather a casket draped in the Kenyan flag accompanied by a caption referencing “President Ruto.” Defence lawyers argued that the phrase could apply to any Kenyan with that name.
Prosecutors insist the post was designed to mislead the public into believing it depicted the funeral of President Ruto, citing its use of national symbols and captions.
Mokaya, who denies the charge of publishing false information, is out on a bond of Ksh. 100,000 or cash bail of Ksh. 50,000. The case is ongoing before Senior Principal Magistrate Benmark Ekhumbi.
