NAIROBI, Kenya — A Nairobi court has acquitted political activist Nuru Okanga of charges related to the alleged publication of false, defamatory and threatening information on social media, after ruling that the prosecution failed to establish a prima facie case.
In a ruling delivered on Tuesday morning, the court found that investigators did not sufficiently link Okanga to a controversial video clip that formed the basis of the charges.
Okanga had been accused of posting a video on platforms including TikTok, allegedly containing remarks deemed threatening to the Head of State.
Prosecutors claimed the clip urged the then Deputy President to use his past experience as a District Commissioner to shoot the President.
However, the court identified significant gaps in the prosecution’s evidence, particularly in relation to the authenticity and origin of the video.
During the trial, the investigating officer admitted under cross-examination that he was not a digital forensics expert and could not determine whether the video was authentic or generated using artificial intelligence.
He further told the court that he relied on a report from the Communications Authority of Kenya (CA) and did not personally analyse or play the video during proceedings.
The officer also acknowledged that while Okanga was a known political activist, he could not conclusively determine whether the content amounted to protected political expression under the law.
A digital analyst who testified for the prosecution conceded that the video had not been extracted from Okanga’s devices.
The analyst further admitted that the tools used to analyse the content had emerging errors, raising concerns about the reliability of the findings.
In its ruling, the court noted that the prosecution failed to prove that Okanga authored, uploaded or shared the alleged video.
A key prosecution witness also admitted that he could not authenticate the clip as originating from the accused.
The magistrate further faulted the prosecution for failing to demonstrate compliance with the law governing electronic evidence, including the proper extraction of data from telecommunication devices and adherence to the required chain of custody. This, the court said, was contrary to Section 106 of the Evidence Act.
On whether Okanga had a case to answer, the court ruled that the threshold had not been met.
“This court finds that the prosecution has not demonstrated a prima facie case against the accused person in all three counts,” the magistrate ruled.
As a result, Okanga was acquitted of all charges under Section 210 of the Criminal Procedure Code, with the court holding that he had no case to answer.
Okanga was represented by Embakasi East MP and lawyer Babu Owino, who welcomed the ruling, describing it as a victory for justice.
“Today, justice spoke. After a long and exhausting year in court, Nuru Okanga walked free when the honourable magistrate ruled that the prosecution failed to present sufficient evidence,” Owino said.
“This is more than a legal victory. It is the saving of a life — one man rescued from the jaws of prison. Today, hope prevailed.”
