A Nairobi court has acquitted David Oaga Mokaya, a University student charged with publishing false information after sharing a photo of President Ruto in a casket.

Principal Magistrate Caroline Mugo ruled that the prosecution had failed to establish a prima facie case against him.

The magistrate found that the evidence (electronic gadgets) used against Mokaya was obtained illegally as there was no valid court order.

According to the magistrate, it was the duty of the prosecution to prove that Mokaya was the one who authored or posted the alleged false information.

The magistrate added that the examination of the gadgets was, therefore, conducted illegally after they had already been seized.

It was the court’s finding that the prosecution failed to conclusively link Mokaya to the publication in question.

Mokaya was accused of using his X account, dubbed “Landlord @bozgabi” to share the photo of President Ruto’s funeral procession in November 2024.

While addressing the media outside Milimani Law Courts, his lawyers, led by Danstan Omari said that they were happy justice had been served.

Omari noted that no complainant recorded a statement nor appeared in court to testify in the case.

Omari and his team joined the Law Society of Kenya to represent Mokaya probono.