University student David Mokaya, who was charged over a controversial social media post concerning President William Ruto, is now seeking Ksh.200 million in compensation following his acquittal by a Nairobi court.
Court Acquittal
On Thursday, the Milimani Chief Magistrate’s Court acquitted Mokaya in Criminal Case No. MCCR/E1161/2024: Republic v David Mokaya, after finding that the prosecution had failed to prove its case.
Principal Magistrate Carolyne Nyaguthii Mugo ruled that investigators unlawfully seized and forensically examined Mokaya’s electronic devices without judicial authorization. She emphasized that electronic devices attract heightened constitutional protection due to the extensive personal data they contain.
Charges and Allegations
Mokaya had been charged with false publication under Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018. Prosecutors alleged that on November 13, 2024, he published an image depicting a funeral procession with a casket draped in the Kenyan flag, captioned: “President William Ruto’s body leaves Lee Funeral Home.”
The court, however, acquitted him under Section 215 of the Criminal Procedure Code, citing insufficient evidence and procedural violations.
Compensation Demand
Through his lawyer Danstan Omari, Mokaya has issued a 48-hour demand notice to state authorities, seeking compensation for what he describes as unlawful seizure and violation of his constitutional rights. Omari argues that the judgment confirms Mokaya’s rights were infringed.
The lawyer warned that if authorities fail to admit liability and initiate compensation discussions within the stipulated time, they will file a constitutional petition seeking Ksh.200 million in damages.
Conclusion
The case highlights growing tensions around Kenya’s cybercrime laws and freedom of expression on digital platforms. Mokaya’s demand for compensation sets the stage for a potential constitutional petition that could test the boundaries of state accountability in handling digital evidence and citizens’ rights.
