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Moi University Student Acquitted Over Misleading Ruto Image

News Updated: 19 February 2026 14:55 EAT
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David Oaga Mokaya in a court session

A Milimani Law Courts magistrate on Thursday acquitted Moi University student David Oaga Mokaya, who had faced charges of publishing a misleading image of President William Ruto on the social media platform X. Principal Magistrate Caroline Nyaguthii ruled that the prosecution failed to prove the case beyond a reasonable doubt.

The case centred on an image circulated on 13 November 2024, depicting a casket draped in the Kenyan flag with uniformed personnel escorting it, implying it showed President Ruto’s funeral. Mokaya was accused of sharing the post, which authorities described as false and misleading.

During the proceedings, the prosecution presented six witnesses, including investigators and digital analysts. However, the court noted that none could conclusively prove that Mokaya authored or published the image. The defence argued that the account linked to Mokaya had multiple users and could not be definitively traced to him.

The magistrate highlighted significant gaps in the digital evidence. Investigators failed to present logs or forensic data directly tying Mokaya to the post. Additionally, some devices examined during the probe lacked proper search orders, further weakening the prosecution’s case.

Mokaya consistently denied any involvement with the post, maintaining that he had neither authored nor shared the misleading image. His defence team argued that the prosecution relied on circumstantial evidence that did not meet the legal threshold required for conviction.

The ruling underscores the importance of the burden of proof in criminal cases, especially in matters involving digital evidence. The magistrate emphasised that suspicion alone cannot justify a conviction when clear evidence is lacking.

Following the acquittal, Mokaya expressed relief and called for stronger safeguards for students and social media users. Legal experts note that the case sets a precedent for handling allegations of misinformation online, highlighting the need for robust digital forensic procedures.


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