A university student charged over an alleged fake social media post suggesting that President William Ruto was dead has told the court that the prosecution failed to prove its case, arguing that claims of reputational harm to the Head of State lack any supporting evidence.
David Mokaya raised the objections during a hearing in which the prosecution formally closed its case in the ongoing cybercrime trial.
Mokaya faces charges of publishing false information through a computer system after allegedly sharing content on social media that implied President Ruto had died, an offence punishable under Kenya’s cybercrime laws.
The specific post that led to the charges depicted military personnel in ceremonial uniform leading a funeral procession with a casket draped in the Kenyan flag, allegedly containing the president’s remains.
While making his submissions, Mokaya said the state did not demonstrate how the disputed post caused public panic or brought shame to the president. He argued that prosecutors failed to call witnesses or present material evidence to support those assertions.
His lawyer, Danstan Omari, told the court that the prosecution’s case rested on assumptions rather than proof, insisting that the state had not met the legal threshold required to sustain the charges.
Mokaya also challenged the manner in which investigators collected evidence, claiming police officers acted unlawfully during his arrest. He alleged that officers seized his laptop and mobile phone without a search warrant, did not identify themselves, and ignored established legal procedures.
The accused further questioned the prosecution’s claims regarding ownership of the social media account at the centre of the case. He told the court that investigators failed to link the account to his devices and acknowledged that multiple individuals had access to the account.
With the state now having closed its case, the court is expected to mention the matter on the 9th of next month to issue further directions.
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