NAIROBI, Kenya — A Nairobi court has acquitted university student David Mokaya of charges of publishing false information and sharing an image of a funeral procession online, citing insufficient evidence.
Magistrate Caroline Nyaguthi ruled that the prosecution failed to establish a prima facie case against Mokaya, noting serious procedural lapses in how digital evidence was handled.
The court heard that Mokaya’s electronic devices were examined without valid court authorization.
While investigators claimed they had obtained search and data extraction orders, these documents were never presented in court, rendering the subsequent examination of the devices illegal.
“The examination of electronic gadgets must strictly follow legal protocols,” the magistrate noted, emphasizing the sensitive and technical nature of digital evidence, which can easily be manipulated or compromised if mishandled.
Six witnesses testified during the proceedings, but the prosecution failed to conclusively link Mokaya to the alleged online post.
The court held that it was the prosecution’s responsibility to prove that Mokaya authored or shared the false information, a burden that was not met.
Following the ruling, the charges against Mokaya were dismissed, and he was released from custody.
The case highlights the importance of due process in cybercrime prosecutions and serves as a reminder that legal safeguards must be strictly observed when handling digital evidence.
