David Mokaya acquitted in false publication case against President Ruto

A Milimani court has acquitted David Mokaya, a Moi University student, who had been charged with publishing a misleading image of President William Ruto on the social media platform X.

Principal Magistrate Caroline Nyaguthii ruled that the prosecution had failed to prove its case beyond a reasonable doubt, citing glaring gaps in the evidence presented.

Mokaya, a student based in Eldoret, had faced charges stemming from an alleged post dated November 13, 2024, which the prosecution claimed misrepresented the President.

Mokaya denied the false publication charges.

In delivering her ruling on Thursday, Magistrate Nyaguthii emphasised that the burden of proof rested entirely on the prosecution.

“It is the duty of the State to establish all elements of the offence. In this case, that burden has not been met,” she stated.

The court noted that there was no evidence placing Mokaya in Nairobi, where the alleged publication was said to have occurred.

While the alleged offence was said to have been committed in Nairobi, the court noted that Mokaya resides in Eldoret and was arrested there.

The ruling further highlighted the absence of any connection between Mokaya and the social media account from which the alleged post originated.

Investigators, the magistrate said, had failed to provide registration details or IP login information to establish that Mokaya was the author.

“There is no proof linking the accused person to the account or the publication,” the court observed, pointing out that online identities can easily be fabricated.

The court also criticised the handling of digital evidence. Devices seized from Mokaya, the court observed, were examined without a valid court order, violating constitutional safeguards.

This procedural lapse, according to the ruling, undermined the credibility of the case in the part of prosecution.

It was the Prosecution's case that Mokaya allegedly used his X (formerly Twitter) account, under the handle “Landlord @bozgabi” to share the image on November 13, 2024.

Magistrate Nyaguthii, however, emphasised that investigators had disregarded critical legal protections, making the evidence inadmissible.