A finance student at Moi University is demanding Ksh 200 million in compensation after being cleared of publishing "fake news" about President William Ruto.
David Mokaya, 24, was acquitted on Thursday by the Milimani Law Courts in Nairobi.
Trial magistrate Carolyne Mugo ruled that the police had framed the student. She noted that the prosecution failed to provide any direct evidence linking Mokaya to the social media post.
The magistrate also slammed the police for acting illegally by obtaining evidence from Safaricom without a court order.
Privacy and the Law
Mr. Omari has now issued a 48-hour demand notice to state authorities. He argues that Mokaya’s constitutional rights to privacy and dignity were violated.
The lawyer claims the police and Safaricom worked together to track the student's GPS location without a warrant.
“They gave information, very private information, without a court order. This now goes to the violation of the fundamental human rights of Mokaya,” Omari said.
Under Article 31 of the Constitution, every person has a right to privacy. Omari argues that Safaricom handed over private information simply because the case involved the Head of State. He described the situation as a violation of what he termed as inherent dignity.
“So, we are pursuing this thing seriously by Monday, 10:00 a.m. If Safaricom has not accepted... If they have not sent us a check of 200 million shillings, we shall be before the Milimani constitutional court to get justice for David Mokaya,” he roared.
A Case Built on Gaps
The legal battle began on 13 November 2024. Mokaya was accused of posting an image of a funeral procession for the President at Lee Funeral Home.
The image showed a casket draped in the Kenyan flag escorted by the military.
Throughout the trial, Mokaya appeared deeply troubled. He was seen shedding tears in the dock during the delivery of the judgment.
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His lawyer, Danstan Omari, says the ordeal has left the young man unable to speak due to mental trauma.
“This student can't even talk due to mental trauma and shock that gripped him since he was charged.” — Danstan Omari, Defence Lawyer.
The court heard that Mokaya’s social media account was used for marketing and shared with three other people. These individuals were never called as witnesses. Furthermore, while the alleged offence happened in Nairobi, Mokaya was in Eldoret when he was arrested.
A Landmark Test Case
The defence team believes this will be a "test case" for digital rights in Kenya. They argue that police should not be allowed to seize handsets or laptops without judicial authorisation.
“Your location is private. Your location cannot be disclosed to anybody without your consent.” — Danstan Omari.
The magistrate reminded the police of their duty to observe the law, even when high-ranking politicians are involved. She noted that cases touching on the presidency must be handled without political pressure.
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