A Twitter user, David Ooga Mokaya, has requested that Magistrate Benmark Ekhubi of the Milimani Law Courts summon President William Ruto to testify in a case where he is accused of spreading false information on social media. Mokaya, a fourth-year student at Moi University, is facing charges of computer misuse after posting an image on Twitter depicting military personnel in ceremonial uniform leading a funeral procession with a casket allegedly containing the president’s remains.
The defense team, representing Mokaya through the Law Society of Kenya (LSK) and lawyers Ian Mutiso and Danstan Omari, has called for the Director of Public Prosecutions (DPP), Renson Ingonga, to provide witness statements, including one from President Ruto himself. “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.
Mokaya, who has denied all charges, remains out on bond. The defense team also raised concerns about the delay in receiving the relevant witness statements and exhibits from the DPP, as well as the police’s confiscation of Mokaya’s electronic devices. Mokaya, who is scheduled to graduate in December, has been unable to complete the necessary paperwork due to the ongoing legal case.
The defense further argued that the case may be politically motivated, calling for clarification from the DPP on whether criticism of the government would lead to prosecution. Lawyer Omari emphasized that the Constitution guarantees Kenyans the right to freedom of speech and expression, and suggested that forcing President Ruto to testify could lead to embarrassing questions about the image posted, such as whether he was indeed in the casket.
The prosecution, led by Virginia Kariuki, denied any political motivations behind the case and maintained that the charges were not influenced by external factors. The magistrate ruled to await the DPP’s opinion before making further directions. The case is set for mention on January 28, 2025.
