Lawyers Danstan Omari and Ian Mutiso representing Moi University student David Oaga Mokaya, have demanded his release in the Ruto coffin case unless President William Ruto testifies and the prosecution provides witness statements.
Mokaya, charged with publishing false information about a funeral procession captioned as Ruto’s, faces trial at Milimani Law Courts. The defense argues that without Ruto’s testimony to confirm his role as complainant or victim, and with the Director of Public Prosecutions (DPP) failing to supply critical evidence, the case lacks merit and infringes on Mokaya’s constitutional rights.
David Oaga Mokaya, a fourth-year Finance and Economics student at Moi University, was arrested on November 13, 2024, for posting an image on his X account (@bozgabi) showing a casket draped in the Kenyan flag, escorted by military officers, with a caption suggesting it depicted “Ruto’s body leaving Lee Funeral Home.”
Charged with computer misuse and spreading false information, Mokaya’s legal team, backed by the Law Society of Kenya (LSK), contends the case is politically motivated, aimed at silencing government critics.
Omari emphasized that the Constitution guarantees freedom of speech, arguing that prosecuting Mokaya for a social media post sets a dangerous precedent.
The defense’s demand for Ruto’s testimony stems from the charge sheet’s reference to the President as the subject of the alleged false post. “It would be embarrassing for the Head of State to testify whether he was in that casket or is still alive,” Omari stated, highlighting the case’s absurdity.
Mutiso questioned the DPP’s failure to provide witness statements, including Ruto’s, and exhibits like the post’s authenticity report, which they argue hinders Mokaya’s defense preparation. The prosecution, led by Sonia Njoki, maintains the case is not politically driven and has requested a full trial after the DPP declined to withdraw charges.
Mokaya’s lawyers have also challenged the court’s jurisdiction, noting the incident occurred in Eldoret, where Uasin Gishu County courts should handle the case.
They cited past acquittals, such as a hotelier charged with filming former President Uhuru Kenyatta during the COVID-19 lockdown, where the accused was freed when leaders failed to testify. Omari argued that Mokaya’s confiscated devices, including a smartphone and laptop, have disrupted his academic progress, preventing him from completing graduation forms for his December 2025 ceremony.
The defense has written to DPP Renson Ingonga, requesting a case review, claiming the X account’s ownership remains unverified.
The prosecution presented evidence from cybercrime analyst Boniface Machibi, who extracted data from Mokaya’s devices but could not confirm the post’s origin or device ownership.
Omari countered that the image, which does not explicitly state Ruto’s death, could be AI-generated, a claim the prosecution has not disproven. The defense’s request for a trial postponement until mid-September 2025, to allow Mokaya to complete his studies, was raised on July 31, 2025, highlighting the case’s impact on his mental well-being and academic focus. Magistrate Benmark Ekhubi has given the DPP until August 18, 2025, to clarify Ruto’s witness status.
Supporters argue the charges violate digital freedom, while critics view the post as reckless. The LSK’s involvement underscores broader concerns about state overreach in prosecuting online expression, referencing the Cybercrimes Act’s vague provisions.
A 2025 report by The Informer noted similar cases, like blogger Maverick Aoko’s, where cybercrime charges raised free speech debates. The case’s outcome could shape how social media criticism is handled legally in 2025.
Lawyers Omari and Mutiso Demand Student’s Release in Ruto Coffin Case if President Won’t Testify
— Court Helicopter News (@CourtHelicopter) July 31, 2025
Lawyers Danstan Omari (@OmariAdv) and Ian Mutiso (@eyanm), representing Moi University student David Oaga Mokaya, have asked the court to release their client if President William… pic.twitter.com/9x5cJJAWkq
Mokaya’s plight has drawn parallels to historical cases where witness testimony was pivotal. Unlike the ICC’s 2016 Ruto and Sang case, marred by witness tampering and dropped due to insufficient evidence, Mokaya’s case hinges on the prosecution’s ability to substantiate claims without Ruto’s direct involvement.
The defense’s strategy to demand presidential testimony or case dismissal mirrors tactics in high-profile trials, aiming to expose procedural weaknesses.
