The Milimani Law Courts is today expected to deliver a landmark judgement in a case involving a university student charged with publishing misleading information about the alleged death of William Ruto.
The decision is widely anticipated to set a precedent for numerous similar cases in which young people and activists have been charged over alleged defamatory or false statements concerning the Head of State.
David Oaga Mokaya, a 24-year-old student at Moi University, was charged in November 2024 with publishing false information contrary to Section 23 of the Computer Misuse and Cybercrimes Act (No. 5 of 2018). The charge was brought under the cybercrime law rather than the Penal Code.
Mokaya, popularly known as “Landlord” on X (formerly Twitter), was arrested after posting a digitally manipulated image on November 13, 2024. The image depicted a casket draped in the Kenyan flag and escorted by military officers, accompanied by a caption suggesting it showed the funeral procession of President Ruto.
His defense team, led by advocates Danstan Omari, Ian Mutiso, Stanley Kinyanjui, and Shadrack Wambui, argued that the post constituted political satire and was not intended to cause fear or public alarm. They challenged the prosecution’s assertion that the post triggered panic among members of the public.
The matter is scheduled for judgment before Magistrate Carolyne Nyaguthi Mugo later today.
