A university student, David Oaga Mokaya, will face a full trial over charges of publishing false information and sharing an image of a funeral procession with misleading captions.
This decision follows the court’s confirmation that the Director of Public Prosecutions (DPP) has not issued any 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 court to set hearing dates.
The defence did not object and agreed to proceed with the matter.
The matter is now scheduled for a full hearing on May 29 this year.
Through lawyer Danstan Omari, Mokaya wanted to know whether President William Ruto will be called to testify in the matter.
“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 sought to know whether the president will be called as a witness and challenged the jurisdiction of the case.
According to the DPP, the suspect allegedly posted the image on his X account, “Landlord @bozgabi,” on November 13, 2024, claiming it was of President William Ruto’s body leaving a funeral home.
The court was informed that the image, which depicted a casket draped in the Kenyan flag and escorted by military officers dressed in ceremonial uniforms, was fabricated to give a false impression that it involved the President.
