University student David Oaga Mokaya will stand trial for allegedly publishing false information and sharing an image of a funeral procession with misleading captions. The court confirmed that the Director of Public Prosecutions (DPP) has not issued instructions to withdraw the case.
Mokaya had sought a review of the charges against him and inquired whether President William Ruto would be called to testify. However, during Wednesday's mention of the case, prosecutors informed the court that no such instructions had been given and requested the scheduling of hearing dates. The defence did not object, agreeing to proceed with the matter.
The case is now set for a full hearing on May 29, 2025.
Through his lawyer, Danstan Omari, Mokaya questioned whether the President would be required to testify.
"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," the court was told.
The Law Society of Kenya (LSK) also raised concerns about the case's jurisdiction and sought clarification on whether the President would be called as a witness.
According to the prosecution, Mokaya allegedly posted an image on his X account, "Landlord @bozgabi," on November 13, 2024, falsely claiming it depicted President William Ruto’s body leaving a funeral home.
The court was informed that the image, which showed a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniforms, was manipulated to create the false impression that it involved the President.