A university student, David Oaga Mokaya, will face a full trial after being charged with publishing false information regarding President William Ruto. Mokaya allegedly shared an image of a funeral procession with misleading captions on social media, an act that landed him in legal trouble.
The court confirmed that the Director of Public Prosecutions (DPP) has not issued any instructions to withdraw the case, setting the stage for a full hearing on May 29, 2025. During a Wednesday court mention, the prosecution stated that the case should proceed as scheduled, a position that the defence did not contest.
Through his lawyer, Danstan Omari, Mokaya sought clarification on whether President Ruto would be called to testify in the matter. Omari argued that the case touches on the constitutional right of citizens to criticize their leaders. “The student is charged with publishing a casket on Twitter. I have written to the DPP to review the charges on the citizen’s right to criticize their leader, especially their president,” Omari told the court.
The Law Society of Kenya (LSK) also raised concerns over the jurisdiction of the case and questioned whether the President would be summoned as a witness. The court, however, has yet to rule on these matters.
Mokaya is accused of posting the contentious image on his X (formerly Twitter) account, “Landlord @bozgabi,” on November 13, 2024. The image depicted a casket draped in the Kenyan flag, escorted by military officers in ceremonial uniforms. The post allegedly suggested that the casket contained President Ruto’s body as it was leaving a funeral home, a claim authorities say was fabricated to mislead the public.
The case has sparked debate over the limits of free speech and criticism of public officials in Kenya. Supporters of Mokaya argue that his prosecution undermines digital freedoms, while the government insists that the spread of false information, particularly about national leaders, must be curtailed to protect public order.
With the trial date set, all eyes will be on the proceedings as they unfold, with significant implications for the intersection of digital expression and legal accountability in Kenya.
