A Nairobi court has acquitted university student David Mokaya, bringing to an end a high-profile cybercrime case that revolved around alleged false publication linked to President William Ruto.
In a ruling delivered on Wednesday, February 18, 2026, Magistrate Caroline Nyaguthi found that the prosecution failed to prove its case against Mokaya. The court concluded that investigators mishandled crucial digital evidence and did not establish a clear link between the student and the disputed social media post.
Court Faults Investigators Over Digital Evidence
The case centered on claims that Mokaya published false information by sharing a funeral procession image allegedly associated with President William Ruto. Prosecutors argued that the post amounted to a violation under Kenya’s cybercrime laws.
However, the court found serious procedural gaps in how authorities handled the investigation.
According to the ruling, investigators searched and extracted data from Mokaya’s electronic gadgets without presenting a valid court order. During the trial, officers claimed they had obtained legal authorization to access the devices. Yet they failed to produce any such orders before the court.
As a result, the magistrate determined that investigators examined the gadgets unlawfully after seizing them.
The court further observed that digital evidence requires strict legal safeguards because of its technical and sensitive nature. In cybercrime prosecutions, adherence to procedure is critical, given that electronic data can be easily altered or manipulated. The ruling underscored the importance of following due process when handling electronic devices and online content in criminal investigations.
Prosecution Fails to Prove Publication
Although the prosecution called six witnesses to testify, the court ruled that the state did not meet its burden of proof.
Magistrate Nyaguthi made it clear that the prosecution had to demonstrate that Mokaya was the actual person who authored or published the alleged false information. The state, however, failed to conclusively connect him to the post in question.
Without credible and lawfully obtained digital evidence linking Mokaya directly to the X account and the image, the court found the case unsustainable.
Consequently, the magistrate dismissed the charges and acquitted him.
Social Media Post at the Center of the Case
The prosecution had claimed that Mokaya used his X (formerly Twitter) account, “Landlord @bozgabi,” to share the controversial image on November 13, 2024. Authorities arrested him in January 2025, triggering a legal battle that stretched for more than a year.
His acquittal now closes the chapter on the case, which had drawn attention to issues surrounding freedom of expression, digital rights, and the handling of cybercrime investigations in Kenya.
The ruling also sends a strong signal about the standards required in cases involving alleged false publication and social media activity. For prosecutors pursuing cybercrime charges, the judgment reinforces one clear principle: the state must present credible, lawfully obtained evidence and firmly establish authorship before securing a conviction.
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