By: Cyrus Kimanga
Nuru Okanga is finally a free man after a Nairobi acquitted him of his Cyber Crime offenses saying the prosecution failed to prove their case beyond reasonable doubt.
The political activist had been charged with publishing false, defamatory and threatening video clip on social media.
However, in a ruling delivered today, the court held that the prosecution did not sufficiently link Okanga to the alleged video clip that formed the basis of the charges.
He was accused of posting the alleged video on social media platforms, including TikTok, allegedly containing remarks deemed threatening to President Ruto.
According to the Prosecution, the video urged the former Deputy President Rigathi Gachagua to use his past experience as a District Commissioner to shoot the President.
However, in her ruling, Magistrate Rose Ndombi said that she found gaps in the prosecution’s evidence.
It was the Court’s finding that during the hearing of the case, the investigating officer told the court that he was not an expert capable of determining whether the video was authentic or AI-generated.
He further admitted that he relied on a report from the Communications Authority of Kenya (CA) to proceed with the charges and did not personally play or analyse the video in court.
The officer also acknowledged that Okanga was a known political activist but could not conclusively determine whether the video amounted to political opinion protected under the law.
Further, the court noted that the prosecution failed to prove that the accused authored or uploaded the video, emphasizing that no evidence had been established between Okanga and the alleged content.
A key prosecution witness admitted that he could not authenticate the video as originating from the accused.
Additionally, the prosecution did not demonstrate compliance with the law on handling electronic evidence, including failure to show that telecommunication devices were tendered or properly extracted as required.
The court therefore acquitted Nuru Okanga of all charges under Section 210 of the Criminal Procedure Code, holding that he had no case to answer.
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Political activist Nuru Okanga is now a free man after a Nairobi court acquitted him of cybercrime-related charges, ruling that the prosecution failed to prove its case beyond reasonable doubt.
Okanga had been charged with publishing false, defamatory, and threatening video content on social media platforms. The prosecution alleged that he shared a video clip on platforms including TikTok containing remarks deemed threatening to President William Ruto.
According to the State, the video allegedly urged former Deputy President Rigathi Gachagua to use his past experience as a District Commissioner to shoot the President.
However, in a ruling delivered today, Magistrate Rose Ndombi found that the prosecution failed to sufficiently link Okanga to the disputed video. The court noted significant gaps in the evidence presented.
During the hearing, the investigating officer admitted that he was not an expert capable of determining whether the video was authentic or generated using artificial intelligence. He further told the court that he relied on a report from the Communications Authority of Kenya (CA) to charge Okanga and did not personally play or analyse the video in court.
The officer also acknowledged that while Okanga is a known political activist, he could not conclusively determine whether the video constituted political opinion protected under the law.
The court further observed that the prosecution failed to establish that Okanga authored or uploaded the video, noting that no direct evidence linked him to the alleged content. A key prosecution witness also admitted that he could not authenticate the video as having originated from the accused.
Additionally, the court held that the prosecution failed to comply with legal requirements governing the handling of electronic evidence, including the failure to demonstrate that telecommunication devices were properly tendered and data lawfully extracted.
As a result, the court acquitted Nuru Okanga of all charges under Section 210 of the Criminal Procedure Code, finding that the prosecution had failed to establish a prima facie case against him.
