A fourth year student at Moi University who was charged with posting about President William Ruto’s death now wants to know if the head of state will be in court to testify.
Through Lawyer Danstan Omari, David Mokaya wanted the DPP to clarify to court if the president is a witness and if he will come to court to testify in the case.
Omari also told court that he has written to the DPP on behalf of his client seeking for a review the charges.
“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,” Omari argued.
Mokaya has also challenged the decision to be charged in Nairobi when he was arrested in Eldoret saying the court had no jurisdiction to hear the case and it should be In Eldoret.
The case will be mentioned on January 28 for ruling on the issue of jurisdiction.
Mokaya allegedly posted on his X account a picture of a casket claiming to be that of President Ruto leaving Lee Funeral.
He was charged with computer misses and Cyber crimes contrary to the Cyber Crimes Act.
It was alleged that on November 13 2024 at unknown place within the Republic of Kenya,Mokaya knowingly published information that of a funeral procession with a casket covered with a Kenyan flag, escorted by military officers in ceremonial uniform, which he captioned, “President William Ruto’s Body Leaves Lee Funeral Home” over a computer system “X” using account “LANDLORD@bozgabi” that resulted in panic among the public.
He denied the offense and out on a cash bail of Sh 50,000.
