Chief Inspector testifies in case against student accused of publishing post on ‘Ruto’s funeral’

A Nairobi court has continued hearing testimony in a case against David Oaga Mokaya, a university student accused of publishing a fake social media post to imply President William Ruto was dead.

The case has raised questions on freedom of expression, due process, and the handling of online speech in politically sensitive matters.

Mokaya was arrested in November 2024, and charged with publishing alleged false information about President Ruto.

Chief Inspector Bosco Kisau, attached to the Serious Crimes Unit at the DCI headquarters, on Monday told the court that he was dispatched to Eldoret on November 15, 2024, after receiving instructions from his superiors. The move followed a complaint lodged about an online post said to target the Head of State.

Kisau testified that detectives arrested Mokaya at the Annex area, opposite Moi University, where they seized a Samsung mobile phone, a laptop, and an identity card.

But under cross-examination by lawyers representing the Law Society of Kenya (LSK), his testimony revealed several contentious issues.

Kisau admitted that the post in question carried a caption referencing President Ruto, which he said caused public concern.

He further told the court that investigators confiscated the suspect’s gadgets before obtaining a search warrant, a move he defended as lawful despite defense lawyers challenging it.

He also could not confirm the origin, source, or location of the publication, stating: “I don’t know where the publication was done.”

In addition, detectives did not record a statement from President Ruto, and Kisau said he was not aware if one had been taken.

During the procedings, defence lawyers Danstan Omari and Shadrach Wambui asked Kisau whether the alleged post actually carried a picture of President William Ruto. He conceded that it did not.

Instead, the court heard, the disputed post showed a casket draped in the Kenyan flag, accompanied by an anthem and a caption that mentioned “President Ruto.”

When pressed further, Kisau acknowledged that the post did not mention William Ruto by full name. Defense lawyers argued that the name “President Ruto” could theoretically refer to any Kenyan with that name.

According to the Prosecution, Mokaya allegedly used his X (formerly Twitter) account, under the handle “Landlord @bozgabi” to share the image on November 13, 2024.

The post showed a funeral procession with a military escort carrying a casket draped in the Kenyan flag. Prosecutors said the image was intended to mislead the public into believing it depicted the funeral of President William Ruto.

Mokaya, who has pleaded not guilty to the charge of publishing false information, appeared before Senior Principal Magistrate Benmark Ekhumbi. He was granted a bond of Ksh. 100,000 or a cash bail of Ksh. 50,000.