A fresh twist has emerged in the case of David Oaga Mokaya, who is accused of publishing a misleading post on X (formerly Twitter) depicting what appeared to be President William Ruto’s funeral procession.
The development came after the investigating officer, Mr. Karanja, testified in court that President Ruto was not the complainant in the case. Instead, he stated that the Office of the Director of Public Prosecutions (ODPP) is the complainant.
This revelation drew strong objections from the defense team led by Lawyers Danstan Omari, Ian Mutiso, and Martina Swiga, who argued that the ODPP cannot serve as both the complainant and the prosecutor in the same case.
During cross-examination, it also emerged that police officers seized the suspect’s electronic devices without a valid court order. Officer Karanja admitted in court that he was unaware that the tracking of the suspect had been conducted illegally.
Mokaya is facing charges of publishing false information contrary to the law after allegedly sharing an image of a funeral procession accompanied by misleading captions on November 13, 2024. The post, made through his X account “Landlord @bozgabi,” purportedly showed a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniform, implying that it depicted the Head of State’s funeral.
According to the ODPP, the image was fabricated and intended to mislead the public.
The prosecution has since closed its case, and the matter will be mentioned on November 5, 2025, to confirm the filing of submissions by both parties.
