NAIROBI, Kenya — A university student charged with publishing false information online alleging that President William Ruto had died has challenged the prosecution’s case, arguing that investigators failed to prove the offence or follow due process.
David Mokaya, who is facing charges under Kenya’s cybercrime laws for allegedly publishing false information through a computer system, made his submissions in court after the prosecution closed its case.
Through his lawyer, Danstan Omari, Mokaya told the court that the state had not demonstrated how the alleged social media post caused public alarm or damaged the reputation of the President.
“The prosecution has failed to show how the alleged publication caused public panic or injured the reputation of the Head of State,” Mokaya said.
“No witnesses or supporting material evidence have been presented to substantiate these claims.”
Mokaya also questioned the manner in which evidence was obtained, alleging violations of constitutional safeguards during investigations.
He told the court that police officers seized his laptop and mobile phone without a valid search warrant, failed to properly identify themselves, and did not comply with legally prescribed procedures during the arrest and search.
In addition, the student disputed ownership and control of the social media account that allegedly published the false information.
Mokaya argued that investigators were unable to conclusively link the account to his devices, noting that several individuals had access to the account, raising doubts about attribution and authorship.
The defence urged the court to find that the prosecution had failed to establish a prima facie case sufficient to require Mokaya to be placed on his defence.
The prosecution formally closed its case following the submissions.
The matter is scheduled to be mentioned on February 9, 2026, when the court is expected to give directions on whether Mokaya will be required to present a defence or be acquitted.
The case has drawn public attention amid growing debate on the application of Kenya’s cybercrime laws, particularly their intersection with freedom of expression and due process guarantees under the Constitution.
