Student Charged Over Ruto Post Sues Safaricom for Ksh200 Million

Student Charged Over Ruto Post Sues Safaricom for Ksh200 Million

University student David Mokaya is seeking Ksh200 million in compensation after a Nairobi court acquitted him of charges linked to a social media post about President William Ruto.

Mokaya was freed on Thursday after the Milimani Chief Magistrate’s Court ruled that the prosecution had failed to prove its case in Criminal Case No. MCCR/E1161/2024: Republic v David Mokaya. He had been charged with false publication under Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.

Through his lawyer, Danstan Omari, Mokaya has issued a 48-hour demand notice to state authorities, accusing them of unlawfully seizing and subjecting his electronic devices to forensic examination without court approval.

The charges stemmed from a post allegedly published on November 13, 2024, showing an image of a casket draped in the Kenyan flag, escorted by military officers, captioned: “President William Ruto’s body leaves Lee Funeral Home.”

In her ruling, Principal Magistrate Carolyne Nyaguthii Mugo acquitted Mokaya under Section 215 of the Criminal Procedure Code. The court faulted investigators for improperly handling his devices, noting they were seized and examined without judicial authorisation.

The magistrate emphasised that electronic devices attract heightened constitutional protection because of the vast amount of personal data they contain.

Citing the judgment, Omari argues that Mokaya’s constitutional rights were violated and is demanding that authorities admit liability and begin compensation talks within 48 hours. He says failure to do so will prompt the filing of a constitutional petition seeking Ksh200 million in damages.