A Nairobi court has acquitted David Mokaya, a university student who had been charged with publishing false information and sharing an image of a funeral procession allegedly referencing President William Ruto.
Court Ruling
Magistrate Caroline Nyaguthi ruled that the prosecution failed to establish a case against Mokaya. The court found that investigators examined the accused’s electronic devices without a valid court order, rendering the evidence inadmissible.
Although investigators claimed to have obtained search orders, they were never presented before the court. As a result, the examination of Mokaya’s gadgets was deemed illegal.
Legal Observations
The court emphasized that cybercrime prosecutions must adhere strictly to the law, given the sensitive and technical nature of digital evidence, which can easily be interfered with or hacked.
Six witnesses were called to testify, but the prosecution failed to conclusively link Mokaya to the alleged publication. The court stressed that it was the prosecution’s duty to prove authorship of the false information, a burden they did not meet.
Case Background
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. However, the court dismissed the charges and set him free, citing insufficient evidence.
Conclusion
The acquittal underscores the importance of due process in handling cybercrime cases in Kenya. It highlights the judiciary’s insistence on lawful procedures in digital investigations, reinforcing the principle that prosecutions must be backed by credible and legally obtained evidence.
