University Student Accused of ‘Killing’ Ruto Seeks President’s Court Appearance.
A Moi University student has requested the court to summon President William Ruto to testify in a case where the student is accused of spreading false information regarding the President’s alleged death.
David Ooga Mokaya, a fourth-year student at Moi University, urged Milimani Law Courts magistrate Benmark Ekhubi to direct the Director of Public Prosecutions (DPP), Renson Ingonga, to provide him with all witness statements, including that of the complainant.
Mokaya faces charges of computer misuse and publishing false information on X (formerly Twitter), depicting the military in ceremonial attire leading a funeral procession. The post alleged the casket contained the President’s remains leaving Lee Funeral Home.
The Law Society of Kenya (LSK), represented by Ian Mutiso and Danstan Omari, is defending Mokaya.
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The lawyers emphasized the need for the President’s witness statement, as the proceedings involve the Head of State. Mutiso stated that the trial has significant public interest since the accused aims to cross-examine the President during the hearing.
Defence Arguments on Evidence and Accused’s Circumstances
The defence argued that the DPP has not provided all the necessary evidence, including witness statements and exhibits. They further highlighted the accused’s challenges, noting that police confiscated Mokaya’s electronic gadgets, hindering his ability to prepare documents for his graduation, set for December.
Mutiso also questioned the intent behind the charges, suggesting political malice and urging the DPP to clarify if all government critics would face prosecution. Omari supported this view, asserting that freedom of speech and expression, as protected by the Constitution, should be upheld.
Omari referenced past cases where individuals accused of criticizing the President were either acquitted or discharged. He cited examples such as a person mimicking a former President to solicit money and another who filmed leaders during the Covid-19 lockdown. Both cases were dismissed as the leaders could not testify.
“The student is charged with publishing a casket on Twitter. I have written to the DPP to review the charges on the citizen’s right to criticize their leader, especially their president,” the court was told.
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The defence also raised concerns about the territorial jurisdiction of the Nairobi court handling a matter that occurred in Eldoret.
They suggested that courts in Uasin Gishu County would be more appropriate. Additionally, the lawyers expressed their intention to request a review from the DPP to terminate the case, arguing it holds no public value.
Prosecution’s Position and Court’s Ruling
Prosecuting counsel Virginia Kariuki denied any political motivation behind the charges, maintaining that the DPP’s decision to prosecute was impartial. She stated that the prosecution would not oppose a request to review the case.
Magistrate Ekhubi ruled that the court would await the DPP’s opinion before making further comments on the issues raised. The case is set for mention on January 28, 2025, for further directions. Mokaya, who has denied the charges, is currently out on bond.
University Student Accused of ‘Killing’ Ruto Seeks President’s Court Appearance.
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