The trial of David Oaga Mokaya, a university student accused of posting a fabricated social media message suggesting that President William Ruto had passed away resumed today at Milimani Law Courts in Nairobi.
Chief Inspector Bosco Kisau, a member of the Serious Crimes Unit at the DCI headquarters, testified that he was sent to Eldoret on November 15, 2024, after receiving orders from his superiors in connection with a complaint regarding an online post allegedly targeting the President.
Kisau explained that he led a team of four officers during Mokaya’s arrest. His responsibilities included detaining the suspect, recovering evidence, and transferring it to the investigating officers. He also conducted the initial investigation.
The officer stated that he had identified himself as a police officer to Mokaya and showed his credentials during the arrest. However, when cross-examined, Kisau admitted that he had not presented any documents in court to verify that he had introduced himself to the accused at the time of the arrest.
Kisau also testified that he informed Mokaya about the reason for his arrest and signed an inventory list with him. However, he revealed that the specific charge was not mentioned on the arrest records. Additionally, Kisau confirmed that a detention warrant for Mokaya’s electronic devices was only obtained after the arrest took place.
During cross-examination, defense lawyers Danstan Omari and Shadrach Wambui questioned Kisau about whether the contested post actually featured a picture of President William Ruto. Kisau acknowledged that it did not. Instead, the post displayed a casket covered in the Kenyan flag, accompanied by an anthem and a caption mentioning “President Ruto.”
Omari further challenged Kisau on whether the post implied the President was deceased. He argued that the post never explicitly mentioned a “dead body” and suggested that the phrase “body leaving” could refer to a living person.
“There is a body, but not a dead body,” Kisau responded.
Omari also asked Kisau whether the name “William Ruto” could apply to other Kenyans, to which the officer responded that only the President was known to him by that name. Omari pressed further, noting that anyone could be named William Ruto, but Kisau rejected this notion, insisting that the name referred exclusively to the President.
When asked if any member of the public had been distressed by the post, Kisau admitted he could not confirm that information.
Ezra Koech, a police officer seconded to the Communications Authority of Kenya (CAK), also testified. He explained that he had been tasked with analyzing six links associated with an account under the handle @bosskabi landlord. The request, dated November 15, 2024, was part of the ongoing investigation into the publication of false information.
Koech reported that his analysis, which culminated in a seven-page report dated November 18, 2024, included screenshots from the six provided links. One of the posts in question depicted an image allegedly showing President Ruto’s body at Lee Funeral Home, along with other disturbing visuals, including one of a hanging object. Another link featured photos of two people, and the sixth one displayed shoes from which a mobile number was traced.
However, during cross-examination, lawyer Danstan Omari questioned Koech about whether the X account could be definitively linked to Mokaya. Koech admitted that his report did not establish any connection between the account and the accused nor did it authenticate the origin of the images. He also confirmed that while CAK has the ability to verify X account details, registration information remains confidential and tied to the account holder.
In a separate testimony, Daniel Khamisi, an investigator from Safaricom’s security department, told the court that he received a request from the Directorate of Criminal Investigations (DCI) on November 14, 2024, seeking call data records for four mobile numbers as part of the cybercrime investigation.
Khamisi reported that his findings, submitted in a report on November 28, 2024, covered communications between October 15 and November 13, 2024. He highlighted two transactions on November 13, including an incoming SMS at 4:24 p.m. and a call lasting 270 seconds. Both activities were traced to the Eldoret Annex area, and the device used was identified by IMEI number 359995534449550.
Mokaya was arrested in November 2024 and subsequently charged with publishing false information about President Ruto.
