The ongoing trial of David Mokaya, accused of spreading a false image suggesting President William Ruto’s death on X, has taken a new turn after a police officer revealed that the president did not lodge the complaint.
Investigating Officer Karanja told Milimani Senior Principal Magistrate Benmark Ekhubi on Wednesday that it was the Office of the Director of Public Prosecutions (ODPP) that filed the case, contrary to public belief that President Ruto had personally done so.
Mokaya’s legal team, comprising Danstan Omari, Ian Mutiso, and Martina Swiga, objected, arguing that the ODPP cannot act as both complainant and prosecutor. They warned that such dual involvement compromises the fairness of the judicial process and amounts to a conflict of interest.
Further questioning revealed that Mokaya’s gadgets were confiscated without a valid search warrant, a point Officer Karanja admitted he was unaware of, raising concerns about the legality of the evidence collection.
The case centers on a post made on November 13, 2024, via Mokaya’s X handle Landlord @bozgabi. The image showed a flag-draped casket with uniformed officers, resembling a funeral procession for the president.
Prosecutors allege that Mokaya manipulated the image digitally to mislead the public and create unnecessary alarm, breaching the Computer Misuse and Cybercrimes Act. Mokaya faces charges for publishing false information intended to deceive citizens about the Head of State.
With the prosecution having closed its evidence, the matter is set for mention on November 5, 2025, when the court will check if written submissions have been filed before ruling on whether Mokaya has a case to answer.
If convicted, Mokaya could face penalties under laws that govern the dissemination of false and disturbing information online.
