A university student who was accused of posting depraved image of President Ruto now wants a compensation of Sh200 million.
David Mokaya who was acquitted on February, 2026 was arrested in 2024 to face false publication contrary to Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
He was however acquitted by the Milimani court after it was found that the prosecution had failed to prove its case.
In an unexpected twist, Mokaya through his lawyer Danstan Omari, the student issued a 48-hour demand notice to state authorities, seeking compensation.
He said the seizure and forensic examination of his electronic devices was unlawful.
The prosecution had claimed that, on November 13, 2024, Mokaya published an image depicting a funeral procession with a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniform, captioned “President William Ruto’s body leaves Lee Funeral Home.”
The court however blamed investigators for the manner in which they handled the accused’s electronic devices, noting that they were seized unlawfully and subjected to forensic examination without judicial authorisation.
The court observed that electronic devices attract heightened constitutional protection due to the extensive personal data they contain.
