David Mokaya: Moi University Student Says Fake Ruto Post Case Hurting His Studies, Wants Delay
- A Moi University university student, David Mokaya, is set to face trial over an alleged false post about President William Ruto
- Lawyers questioned the evidence retrieved from his devices and raised doubts about AI involvement
- The court has now set a hearing date as debate continues over intent, identity, and proof
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TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya
A controversial court case involving a university student accused of publishing false information about President William Ruto has taken a new turn.
Source: UGC
David Oaga Mokaya, a fourth-year student at Moi University, is facing charges linked to a social media post that featured an image of a funeral procession.
The image showed a casket draped in the Kenyan flag, surrounded by military officers in ceremonial dress, accompanied by the caption: "Ruto's body leaves Lee Funeral Home."
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Is David Mokaya's case affecting his academics?
Appearing before the court on Thursday, July 31, Mokaya, through his lawyer Danstan Omari, requested that the proceedings be postponed until his academic term concluded in mid-September.
The defence argued that the ongoing legal process was interfering with the student's studies and mental focus.
“We are asking for the hearing to take place after the university session concludes in the second week of September,” Omari told the court.
During the same session, the prosecution presented evidence collected by Boniface Machibi, a cybercrime and digital forensics analyst.
He testified that he had received a smartphone and a laptop from the Directorate of Criminal Investigations (DCI) and had been tasked with extracting data related to the controversial post.
"I received two exhibits from the DCI headquarters on November 28, 2024, a Samsung Galaxy A23 smartphone and a laptop and was asked to extract data related to the post," Machibi explained.
How did DCI pin Mokaya to the crime?
He stated that the data extraction was conducted using a forensic tool developed in Israel, Cellebrite version 10.5.0, which is commonly used by law enforcement agencies worldwide.
According to Machibi, the process began at 10:01:24 am (UTC+3) and lasted 26 minutes and 10 seconds, producing a backup size of 1.2 gigabits.
From the extraction, Machibi said he discovered three user profiles on the phone, boz gabi (linked to the handle Landlord KE), urban trend ke, and masillas, and found a screenshot of the disputed post.
On the laptop, he accessed files located in a folder labeled “DVR” and verified that the timestamps matched the day the image was circulated online.
However, despite retrieving the data successfully, Machibi admitted that he could not verify who owned the devices or directly tie the accused to the published content.
He clarified that while the digital material appeared genuine, he had not interacted with or identified the individuals associated with the devices.
Source: Original
Was David Mokaya found guilty?
Omari raised several concerns during cross-examination. He questioned the credibility of the evidence, pointing out that the image did not explicitly state that the president was dead.
He further argued that the post could have been AI-generated and that the prosecution had failed to prove ownership of the devices or establish a clear link between Mokaya and the online post.
“The post doesn’t categorically mention that the president is deceased. There's also a chance that the message was AI-generated,” said Omari.
He added that nothing in the presented evidence conclusively connected Mokaya to the alleged offence.
After hearing arguments from both sides, Magistrate Benmark Ekhubi granted the prosecution’s request for an adjournment and set the next hearing date for September 8.
The court is expected to continue examining the digital evidence and determine whether Mokaya had any direct involvement in the post.
Did Kenyans call for the release of Mokaya?
In March, TUKO.co.ke reported that soon after the charges became public, many Kenyans took to online platforms to call for Mokaya's immediate release.
Using the hashtag #DropDavidMokayaCharges, they argued that Mokaya was not a criminal but a young citizen expressing political frustration.
The movement quickly gained traction, with supporters insisting that the case was an overreach and a threat to digital freedom.
Despite the public pressure, the Office of the Director of Public Prosecutions indicated that no formal request had been filed to review the charges.
Proofreading by Asher Omondi, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
