University Student Demands Ksh200 Million After Court Clears Him Over Ruto Post

A university student who had been charged over a controversial social media post about President William Ruto is now seeking Ksh200 million in compensation after a Nairobi court acquitted him.

David Mokaya was freed on Thursday when the Milimani Chief Magistrate’s Court ruled that prosecutors failed to prove their case in Criminal Case No. MCCR/E1161/2024: Republic v David Mokaya.

Through his lawyer, Danstan Omari, Mokaya has served state authorities with a 48-hour demand notice. He is seeking compensation, claiming his electronic devices were unlawfully seized and subjected to forensic analysis.

Omari argues that the student’s constitutional rights were violated during the investigation process.

Background of the Case

Mokaya had initially been charged with false publication under Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.

The prosecution alleged that on November 13, 2024, he shared an image showing a funeral procession featuring a casket draped in the Kenyan flag and escorted by military officers. The image was captioned: “President William Ruto’s body leaves Lee Funeral Home.”

Court Finds Fault in Investigations

In a ruling delivered by Principal Magistrate Carolyne Nyaguthii Mugo, the court acquitted Mokaya under Section 215 of the Criminal Procedure Code.

The magistrate criticised investigators for how they handled the student’s electronic devices. The court found the gadgets were seized unlawfully and examined without proper judicial approval.

According to the ruling, electronic devices enjoy strong constitutional protection because they often contain extensive personal data.

Compensation Push

Following the judgment, Omari maintains that the court’s findings clearly show Mokaya’s rights were breached.

The lawyer has demanded that authorities accept liability within 48 hours and begin talks on compensation. If this does not happen, he says the legal team will move to court with a constitutional petition seeking Ksh200 million in damages.