The Milimani Law Courts has acquitted a Moi University student who had been accused of publishing a misleading image suggesting the death of President William Ruto.
David Mokaya was facing charges linked to an alleged post shared on X on November 13, 2024. The image reportedly depicted the Head of State in a casket, triggering investigations and his subsequent arrest
In its ruling, the court cited glaring gaps in the prosecution’s case, noting that the evidence presented failed to meet the threshold required for a criminal conviction. The magistrate ruled that the charges could not stand.
The prosecution had argued that the post was misleading and likely to cause public alarm. However, the defence maintained that investigators failed to properly link the social media account to Mokaya.
The court observed inconsistencies in digital evidence handling and questioned the authenticity and ownership of the account in question. Without concrete forensic proof, the case was deemed too weak to proceed.
Mokaya’s legal team welcomed the decision, terming it a victory for justice and due process. They argued that criminal liability cannot be based on assumptions or public outrage without solid evidence.
The ruling comes amid growing debate over freedom of expression and the use of cybercrime laws in Kenya. Legal observers say the outcome underscores the importance of strict evidentiary standards in digital-related offences.
Authorities have yet to indicate whether they will appeal the acquittal. For now, Mokaya walks free, bringing to a close a case that had drawn national attention and sparked intense discussion online.
