A Twitter user, David Ooga Mokaya, has asked Magistrate Benmark Ekhubi of the Milimani Law Courts to summon President William Ruto to testify in a case where is accused of “killing” the Head of State on social media.
Mokaya, a fourth-year student at Moi University, is charged with computer misuse and spreading false information on Twitter(X). The specific post that led to the charges depicted military personnel in ceremonial uniform leading a funeral procession with a casket draped in the Kenyan flag, allegedly containing the president’s remains.
Mokaya has since denied all charges and remains out on bond.
The defense, represented by the Law Society of Kenya (LSK) through lawyers Ian Mutiso and Danstan Omari, requested the court to instruct the Director of Public Prosecutions (DPP), Renson Ingonga, to provide witness statements, including one from President Ruto.
“This is a matter of great public interest, as the subject of the trial is the Head of State, whom the accused would like to cross-examine during the hearing,” Mutiso argued in court.
The defense further raised concerns over why the DPP has not yet provided all relevant witness statements and exhibits to the defense team.
Additionally, the defense lamented that police had confiscated all of Mokaya’s electronic devices. The lawyers said Mokaya is scheduled to graduate from Moi University in December and has been unable to complete the necessary forms and documentation for the graduation due to the ongoing case.
The defense team also argued that the case against Mokaya stems from political malice, prompting them to call for clarification from the DPP on whether anyone who criticizes the government will face prosecution.
Omari Cites Similar Cases
Lawyer Omari emphasized that the Constitution guarantees all Kenyans the right to freedom of speech and expression, and highlighted the potential embarrassment for President Ruto if he were forced to testify, confirming whether he was in the casket in question or if he is still alive.
Omari also urged the court to take judicial notice of recent cases where individuals charged with making defamatory statements about the President were acquitted.
He pointed to the case of a person who mimicked the former president and solicited money from a foreigner but was acquitted, and a hotelier who filmed former President Uhuru Kenyatta and Raila Odinga walking on a Nairobi street during the Covid-19 lockdown. The hotelier was acquitted because both leaders failed to appear in court to testify.
In addition to questioning the case’s political motivations, the defense raised concerns about the court’s territorial jurisdiction, noting that the incident occurred in Eldoret, where courts in Uasin Gishu County should handle the case.
The defense also announced plans to write to the DPP, requesting a review of the case with the intention of having it terminated, as they argue the case holds no public value.
Prosecuting counsel Virginia Kariuki, however, maintained that the case is not politically motivated, asserting that the DPP’s decision to charge Mokaya is not influenced by any external factors. She also stated that the prosecution does not oppose the request for a review of the case.
The magistrate ruled to await the DPP’s opinion before making further directions. The case is scheduled for mention on January 28, 2025.
