“There Was No Evidence Linking Him to the Post,” Court Says as Student David Mokaya Is Freed

Milimani Law Courts has acquitted a student, David Mokaya, who had been charged with publishing false information about President William Ruto.

In its ruling, the court said the prosecution failed to provide enough evidence to directly connect Mokaya to the alleged offence. 

The judge noted that while the case had attracted public attention, the law requires clear proof before anyone can be found guilty.

Mokaya had been accused of sharing false information online regarding the Head of State. The prosecution claimed that the post in question was misleading and harmful. 

However, during the hearing, the defence argued that there was no solid evidence showing that Mokaya was the person who created or published the content.

After reviewing the material presented, the court agreed with the defence. The judge stated that suspicion alone is not enough to secure a conviction.

According to the ruling, investigators did not provide technical or forensic evidence directly linking the student to the specific social media account or device used to publish the information.

“The burden of proof lies with the prosecution,” the court emphasized. Without proper evidence tying Mokaya to the alleged post, the case could not stand.

The decision was welcomed by Mokaya’s supporters, who maintained from the beginning that he had been wrongly accused.

Some of them argued that the case raised wider concerns about freedom of expression and the responsibility of authorities to thoroughly investigate digital offences before making arrests.

On the other hand, the prosecution maintained that the charges had been brought forward in good faith based on initial findings.

However, the court made it clear that legal standards must be met beyond reasonable doubt.

Legal experts say the ruling highlights the importance of proper digital investigations in cases involving online content.

In today’s world, where information spreads quickly through social media, proving who exactly posted certain material can sometimes be complicated.

Courts, however, must rely on verifiable evidence such as data records, device analysis, and confirmed account ownership.

The acquittal also serves as a reminder that every accused person is presumed innocent until proven guilty.

The judge stressed that criminal responsibility cannot be based on assumptions or public pressure.

For Mokaya, the ruling brings an end to what had been a stressful period. As a student, he now has the opportunity to return to his studies without the weight of a criminal case hanging over him.