Lawyers Challenge Evidence in Case Against Student Over Fake Post About Ruto

A Nairobi court heard testimony in the case against university student David Oaga Mokaya, accused of publishing a fake social media post that implied President William Ruto had died.

Mokaya was arrested in November 2024 and charged with publishing alleged false information about the President.

On Monday, Chief Inspector Bosco Kisau, attached to the Serious Crimes Unit at the DCI headquarters, told the court that he received instructions from his superiors on November 15, 2024, to travel to Eldoret after a complaint was lodged regarding an online post targeting the Head of State.

Kisau testified that detectives arrested Mokaya in the Annex area, opposite Moi University, where they seized a Samsung mobile phone, a laptop, and an identity card.

Cross-Examination Raises Questions

Under cross-examination by lawyers from the Law Society of Kenya (LSK), Kisau’s evidence presented some contentious elements. He admitted that the post carried a caption referencing President Ruto, which he said caused public concern.

He also confirmed that investigators had confiscated Mokaya’s devices before obtaining a search warrant, a move he defended as lawful despite challenges from the defense.

Kisau could not confirm the origin, source, or location of the publication, stating: “I don’t know where the publication was done.” Detectives also did not record a statement from President Ruto, and Kisau admitted he was unaware if one had been taken.

Defense lawyers also highlighted that the alleged post did not have President Ruto’s photo. Rather, there was a casket draped with the Kenyan flag with an anthem playing and a caption quoting “President Ruto.”

Kisau later acknowledged that the post did not use the President’s full name, prompting the defense to argue that the term could theoretically refer to any Kenyan with that name.

Alleged Use of Social Media

The prosecution told the court that Mokaya allegedly shared the image on November 13, 2024, using his X (formerly Twitter) account under the handle “Landlord @bozgabi.”

The funeral procession featured an escort of the military with a casket draped in the Kenyan flag. The prosecutors claimed that the photograph was meant to deceive the public into thinking it was the funeral of President William Ruto.

Mokaya, who has pleaded not guilty to publishing false information, appeared before Senior Principal Magistrate Benmark Ekhumbi. He was released by the court on a bond of Ksh 100,000 or cash bail of Ksh 50,000.

The post Lawyers Challenge Evidence in Case Against Student Over Fake Post About Ruto appeared first on Nairobi Wire.