A Nairobi court has granted the Director of Public Prosecutions (DPP) an additional two weeks to respond to a request from a university student seeking a review of charges filed against him for allegedly publishing false information about President William Ruto.
Milimani Principal Magistrate Ben Mark allowed the extension after a senior state prosecutor informed the court that the DPP’s office had received the student’s letter but had yet to receive instructions from the top prosecutor.
The case revolves around David Mokaya, a fourth-year Finance and Economics student at Moi University, who is facing charges under the Computer Misuse and Cybercrime Act. He was arrested in November 2024 after allegedly posting an image on X (formerly Twitter) depicting a funeral procession with a casket draped in the Kenyan flag, captioned: “President William Ruto’s body leaves Lee Funeral Home.”
Defence Calls for Case Withdrawal
Mokaya’s legal team, led by lawyers Danstan Omari and Ian Mutiso, has written to the DPP requesting a review of the police file and the withdrawal of the charges. They argue that:
- The prosecution has yet to prove that the X account in question, Landlord@bozgabi, belongs to Mokaya.
- The X platform is based in the United States, and no mutual legal agreement exists to verify account ownership.
- Proceeding with the case could cause undue embarrassment.
The defence team has also asked for the disclosure of witness statements and confirmation on whether President Ruto has been listed as a witness in the case.
The DPP had previously been granted 30 days to determine whether President Ruto would testify against Mokaya. However, no decision has been communicated. In response to the defence’s request, Deputy Director of Public Prosecutions Jacinta Nyamosi has asked for the full police file to review the case before making a recommendation.
“Kindly provide us with full details of the police station and police file number to enable us to call for the police file and the court handling the matter,” Nyamosi’s response to Omari reads.
On 9 January 2025, Omari provided the requested details, stating that the case was being investigated by Muthaiga Police Station.
On 28 January 2025, a state prosecutor requested the court’s indulgence, asking for a further 30 days to allow the DPP to study the file and advise accordingly. The magistrate, however, only granted an extension of two weeks.
Mokaya denies the charges, arguing that the allegations against him lack merit. His defence team remains hopeful that the DPP will terminate the case, citing insufficient evidence.
The case has sparked debate over digital rights, freedom of expression, and the extent to which online speech should be criminalised under Kenya’s cybercrime laws.
The matter will be mentioned in court in two weeks, pending the DPP’s decision.
