Moi university student acquitted in viral 'President body leaving Lee funeral home' case

-

A Nairobi court has cleared 24-year-old Moi University student David Ooga Mokaya in a high-profile case over a viral social media post suggesting President William Ruto’s body was leaving Lee Funeral Home.

The magistrate ruled that the prosecution failed to prove Mokaya’s involvement beyond a reasonable doubt, noting there was no direct evidence linking him to the post.

David Ooga Mokaya after he was  acquitted on his viral case of ''President Ruto's body leaving Lee funeral home"/Photo/Reporter

“The court notes that the prosecution failed to prove that David Ooga Mokaya was involved in posting the viral image from Nairobi and that at the time of the alleged offence, the accused was arrested in Eldoret, hence investigators could not confirm the origin of the post,” the judgment read.

The case began in November 2024, when Mokaya was charged under the Computer Misuse and Cybercrimes Act for allegedly sharing misleading content on X (formerly Twitter). 

Authorities claimed the post featured a casket draped in the Kenyan flag, escorted by military personnel, implying it was part of the President’s funeral.

Following the acquittal, Mokaya’s legal team said they may pursue legal action for malicious prosecution, arguing the lengthy court process violated his human rights and caused unnecessary financial and personal strain.

“The entire process was time-consuming and burdensome, with Mokaya spending most of his time and resources traveling to Nairobi for court sessions,” said his counsel.

The ruling ends a case that sparked debate over digital misinformation, freedom of expression, and the role of forensic evidence in cybercrime prosecutions in Kenya.

Comments

Post a Comment

We appreciate your feedback! Share your thoughts in the comments.

Popular posts from this blog

Court lifts bans on Marie Stopes Kenya abortion services

-
Image
The High Court at Milimani has struck down three directives that had barred Marie Stopes Kenya from offering abortion services, post-abortion care, and related health information, delivering a major victory for women, adolescents, and marginalized groups. The directives, issued by the Kenya Film Classification Board (KFCB), the Kenya Medical Practitioners and Dentists Council (KMPDC), and the Director of Medical Services (DMS), had sparked a legal battle spanning more than seven years. The case was filed by the Network for Adolescents and Youth of Africa (NAYA–Kenya) and Jackline Mary Karanja, represented by the Center for Reproductive Rights, before Justice Chacha Mwita. A photo of Milimani law courts Nairobi/Photo/File The petitioners argued that the directives violated the Constitution and denied women and young people access to essential sexual and reproductive health information. The dispute dates back to August 2018 when Marie Stopes Kenya, in partnership with Radio Africa Group,...
Read more

Court suspends Sh325bn Kenya–US health pact following Omtatah's petition

-
Image
 The High Court has suspended the implementation of a $2.5 billion (sh 325 billion) health cooperation framework between Kenya and the United States following a constitutional petition filed by Busia Senator Okiya Omtatah Okoiti.  The petition, filed as PET E816 of 2025, challenges the legality of the agreement signed on December 4, 2025. Omtatah sued Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs Musalia Mudavadi, the Cabinet Secretary for Health, the National Treasury, and the Attorney General, accusing the government of bypassing public participation, Parliament, and data protection safeguards. Omtatah argues that the deal was negotiated and signed in Washington DC without public disclosure or consultations, contrary to Articles 10 and 118 of the Constitution, despite its far-reaching implications on public health policy, taxation, and personal medical data. In Courts. Although described as a “framework,” Omtatah contends the agreement is in substance a b...
Read more

Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search

-
 Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search The High Court in Kiambu has found Cleanshelf Supermarket Limited liable for violating the dignity and privacy of a customer after she was subjected to a public bag search inside one of its branches.  In a judgment delivered on October 31, 2025, Justice A. Mshila ruled that the supermarket failed to follow its own internal loss control procedures, resulting in an unlawful and humiliating experience for the customer, Evelyn Kagwiria Anampiu. “The manner in which the search was conducted was improper and amounted to a violation of the Petitioner’s rights to dignity and privacy as enshrined in the Constitution,”stated Justice A. Mahila. The petitioner told the Court that she was stopped and searched in full view of other customers, attracting unnecessary public attention and causing her embarrassment. She argued that the conduct of the supermarket staff infringed on her rights as enshrined under Ar...
Read more