Student charged over Ruto post seeks court intervention over alleged privacy breach

A student who was acquitted of publishing false information about the death of President William Ruto has now moved to the High Court seeking urgent orders to stop the alleged unlawful disclosure of his personal data.

David Ooga Mokaya, a Moi University student, has asked the court to certify his application as extremely urgent and hear it ex-parte in the first instance.

Mokaya was arrested and arraigned at the Milimani Law Courts on November 18, 2024, over allegations that he had published a post on the X platform claiming that President Ruto’s body had left Lee Funeral Home. The post was linked to an account identified as “LANDLORD@bozgabi.”

He was released on cash bail pending the hearing and determination of the criminal case to allow him to continue with his studies.

In a judgment delivered on February 19, 2026, trial magistrate Caroline Nyaguthii acquitted Mokaya under Section 215 of the Criminal Procedure Code, finding that the prosecution had not proved its case beyond reasonable doubt.

Following his acquittal, Mokaya, through his lawyer Danstan Omari, says that during the trial it emerged that his mobile phone data, including call data records, subscriber information, location data and metadata had been supplied to investigators by the respondent without his consent.

He is seeking interim conservatory orders restraining the respondent, its servants or agents from transferring, sharing, disseminating or in any way divulging his personal data without his consent, a lawful court order, or strict compliance with the Constitution and relevant statutory provisions.

Mokaya argues that unless the court intervenes urgently, there is a risk of continued violation of his constitutional rights, particularly the right to privacy.