Court focuses on procedural issues in Student’s trial over President Ruto post
The accused, David Oaga Mokaya, was arrested in November 2024 and charged with posting material that allegedly implied the president had died.
A Nairobi court on Monday heard the case of a university student accused of sharing content online falsely suggesting the death of President William Ruto.
The hearing at Milimani Senior Principal Magistrate Benmark Ekhumbi’s court focused on the actions of investigators and whether proper procedures were followed during the arrest and evidence collection.
Chief Inspector Bosco Kisau of the Serious Crimes Unit at the Directorate of Criminal Investigations told the court that he was sent to Eldoret on November 15, 2024, after authorities received a complaint about the online post.
The accused, David Oaga Mokaya, was arrested in November 2024 and charged with posting material that allegedly implied the president had died.
Kisau said Mokaya was taken into custody in the Annex area, opposite Moi University, and that police confiscated his Samsung mobile phone, laptop, and identity card during the operation.
During questioning by defence lawyers from the Law Society of Kenya, Kisau admitted to several procedural errors. He acknowledged that the gadgets were seized before obtaining a search warrant, which he defended as necessary at the time. He also admitted he could not confirm the source or exact location of the post. "I don't know where the publication was done," he stated.
The defence team, led by Danstan Omari and Shadrach Wambui, pressed Kisau on whether the post showed President Ruto. Kisau confirmed it did not, but instead featured a casket covered with the Kenyan flag, the national anthem, and a caption mentioning "President Ruto." He added that the post did not include the president’s full name. The defence argued that the reference could apply to any Kenyan with the name Ruto.
Prosecutors say Mokaya used his X account, Landlord @bozgabi, to share the post on November 13, 2024, in a manner that could mislead the public into believing it depicted the president’s funeral. Mokaya denies the charge and is free on a cash bail of Sh50,000.
The trial is set to continue, with the court expected to consider both the content of the post and the legal issues raised by the defence.
