A university student who had been prosecuted over a social media post referencing President William Ruto is now seeking KSh200 million in compensation after being cleared by a Nairobi court. David Mokaya was acquitted on Thursday by the Milimani Chief Magistrate’s Court, which ruled that the prosecution had failed to establish its case in Criminal Case No. MCCR/E1161/2024: Republic v David Mokaya.
Mokaya had been charged under Section 22(1) of the Computer Misuse and Cybercrimes Act for alleged false publication. Prosecutors claimed that on November 13, 2024, he shared an image portraying a funeral procession with a casket draped in the Kenyan flag, accompanied by military officers in ceremonial uniform. The image was captioned to suggest that the President’s body was leaving Lee Funeral Home. However, in a ruling delivered under Section 215 of the Criminal Procedure Code, Principal Magistrate Carolyne Nyaguthii Mugo acquitted the student, citing insufficient evidence.
In her judgment, the magistrate raised concerns about how investigators managed Mokaya’s electronic devices. The court found that the gadgets had been seized unlawfully and subjected to forensic analysis without prior judicial approval. The ruling emphasized that electronic devices enjoy heightened constitutional safeguards because they store vast amounts of personal and private data. As such, the court held that proper legal procedures must be strictly followed before accessing or examining such devices.
Following the acquittal, Mokaya, through his lawyer Danstan Omari, has issued a 48-hour demand notice to state authorities. The legal team argues that the court’s findings effectively confirm that Mokaya’s constitutional rights were violated. They are seeking KSh200 million in damages for what they describe as unlawful seizure and examination of his devices. Omari has warned that if the state fails to admit liability and initiate compensation talks within the stipulated time, they will proceed to file a constitutional petition in court seeking the full amount in damages.
The case is likely to reignite debate around digital rights, investigative procedures, and the protection of personal data in Kenya. Legal analysts note that the court’s remarks on electronic device privacy could have wider implications for how cybercrime investigations are conducted in the future.
