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DPP given 30 days to decide whether to call President Ruto as witness in case against varsity student David Mokaya

Mokaya, a fourth year student at Moi University, Eldoret, wants to be furnished with recorded statements of the intended witnesses, and whether the President, who is the subject in the case, has been listed as a witness

A Nairobi court has granted the Office of the Director of Public Prosecutions (DPP) Renson Ingonga 30 days to determine whether they will call President William Ruto as a witness in a case against a university student charged with publishing false information about him.

Milimani Senior Principal Magistrate Benmark Ekhubi gave the DPP up to February 18 to reveal the list of intended witnesses and whether Ruto will be among those who will tender evidence against David Ooga Mokaya.

Lawyer Ian Mutiso and Danstan Omari, who are representing Mokaya, told the magistrate that the DPP is yet to communicate a decision on their request to reveal the list of witnesses, review the decision to charge Mokaya and termination of the criminal case.

Mokaya, a fourth year Finance and Economics student at Moi University, Eldoret, who was charged on November 18 last year, has sought to be furnished with recorded statements of the intended witnesses in the case, and whether the President, who is the subject in the case, has been listed as a witness.

Mokaya who is facing charges of publishing false information by posting an alleged image of a funeral procession of President Ruto, has also written to the DPP to withdraw and terminate the case alleging it may be embarrassing.

In the charge sheet registered before the court, he was accused of posting the image which he had captioned “President William Ruto’s body leaves Lee Funeral Home.”

He had allegedly published the said information on his “X Space Account” dubbed-“Landlord@bozgabi.”

The court heard this is what Mokaya intended to portray that the data was authentic.

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Mokaya has denied the charge of publishing false information contrary to Section 22 (1) of the Computer misuse and cybercrime Act No.5 of 2018.

The student allegedly posted the alarming false publication on November 13,2024 at an unknown place within the Republic of Kenya.

The prosecution claims he intentionally published the false data depicting a funeral procession with a casket draped with the Kenyan flag bearing the remains of the head of state.

It was allegedly being escorted by Military officers donning ceremonial uniform.

When the matter came up today, January 28, 2025, Mutiso informed the court that the defence wrote to the DPP on December 10,2024 requesting a review of the decision to charge the student with a view to terminating the criminal case.

The review request to the DPP by Omari reads in part: “The alleged X-account that our client (Mokaya) used to publish the post has not been authenticated and proved to be belonging to Mokaya.”

Further, Omari states that the X-platform is domiciled in the United States of America (USA) and no mutual agreement has been established to unravel the specific owner of the alleged account.

Omari contends that no specific mutual legal agreement to inspect ownership of the account and that Mokaya reserves the right to be served with the said covenant.

Mokaya further sought from the DPP to be furnished with all documents and exhibits which the DPP will rely on to prove the case against him.

In response to the request seen by the Informer and filed in court on January 28 2025, deputy Director of Public Prosecution Jacinta Nyamosi has called for the police investigation file for perusal and advise.

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“Kindly provide us with full details of the police station and police file number to enable us call for the police file and the court handling the matter,” Ms Nyamosi asked Omari.

On January 9, 2025, Omari wrote back to  Nyamosi informing her Muthaiga Police Station was investigating the case and the police file number as requested.

A prosecutor on January 28, 2025 asked the magistrate to indulge the DPP for 30 days to study the file then advise accordingly.

“The plea by the DPP for a 30-day indulgence period to acquint himself with the file is hereby allowed. This case will be mentioned on February 18, 2025, for further directions,” the magistrate ruled.

The student was arrested from Eldoret and escorted to Nairobi for interrogation and prosecution by cybercrime unit officers.

The magistrate had freed the accused on bond of Sh 100,000.

Mokaya will return to court on February 18,2025 for further directions.

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