University student demands Ksh.200M after court acquits him in case linked to Ruto post

Mokaya was released after the Milimani Chief Magistrate’s Court found that the prosecution had failed to prove its case in Criminal Case No. MCCR/E1161/2024: Republic v David Mokaya.

Through his lawyer Danstan Omari, the student has issued a 48-hour demand notice to state authorities, seeking compensation for what he describes as an unlawful seizure and forensic examination of his electronic devices.

Mokaya had been charged with false publication contrary to 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 and escorted by military officers in ceremonial uniform, captioned “President William Ruto’s body leaves Lee Funeral Home.”

In a judgment delivered by Principal Magistrate Carolyne Nyaguthii Mugo acquitted Mokaya under Section 215 of the Criminal Procedure Code.

In her ruling, the magistrate faulted investigators for the manner in which they handled the accused’s electronic devices, noting that they were seized unlawfully and subjected to forensic examination without judicial authorisation. The court observed that electronic devices attract heightened constitutional protection due to the extensive personal data they contain.

Relying on those findings, Omari argues that the judgment confirms that Mokaya’s constitutional rights were infringed.

The lawyer is demanding that authorities admit liability within 48 hours and initiate compensation discussions, failing which he says they will file a constitutional petition seeking Ksh200 million in damages.