Moi University student David Mokaya, freshly cleared of cybercrime charges related to a digitally altered image of President William Ruto's funeral, is now aggressively pursuing the state for massive financial compensation.

After a harrowing legal ordeal that threatened to derail his academic future, 24-year-old university student David Mokaya emerged victorious from the Milimani Law Courts, only to immediately turn the tables on his accusers.

This landmark acquittal sets a crucial precedent for digital freedom of expression in Kenya. It signals clearly that the judiciary will not tolerate the arbitrary seizure of electronic devices or the weaponization of cybercrime laws without irrefutable, constitutionally sound technical evidence.

A Total Collapse of the Prosecution's Case

The saga began in November 2024 when Mokaya was dramatically arrested and charged under Section 22(1) of the Computer Misuse and Cybercrimes Act. The state alleged that he utilized his X (formerly Twitter) account to publish a highly provocative, AI-generated image depicting a funeral procession with a casket draped in the Kenyan flag, bearing the caption "President William Ruto's body leaves Lee Funeral Home."

However, the prosecution's case disintegrated entirely under judicial scrutiny. In a sweeping judgment delivered on Thursday, Principal Magistrate Carolyne Nyaguthii Mugo acquitted Mokaya under Section 215 of the Criminal Procedure Code. The magistrate explicitly ruled that the state had failed to prove beyond a reasonable doubt that Mokaya was the sole author or publisher of the contentious post.

The defense, led by high-profile lawyer Danstan Omari, successfully highlighted gaping holes in the digital forensics. Omari proved that the X account in question was accessible to at least three other individuals. Furthermore, technical evidence from telecommunications giant Safaricom demonstrated that the phone number linked to the contentious post did not belong to Mokaya. Most damningly, the timestamp of the post located the publisher in Nairobi, while it was established that Mokaya was in Eldoret at the time.

The Illegality of Device Seizures

Beyond the lack of digital proof, the magistrate delivered a stinging rebuke of the investigative methods employed by the Directorate of Criminal Investigations (DCI). The court found that investigators had unlawfully seized Mokaya's laptop and mobile phone, subjecting them to forensic examination without obtaining the mandatory judicial search warrants.

Magistrate Mugo emphasized that electronic devices attract heightened constitutional protection under Article 31, due to the extensive and highly personal data they harbor. Because the evidence was extracted through an illegal search and seizure, the court deemed it inadmissible, fatally undermining the state's entire narrative and safeguarding the constitutional right to privacy.

The KSh 200 Million Ultimatum

Empowered by the resounding acquittal, Mokaya and his legal team have launched a ferocious counter-offensive. Lawyer Danstan Omari has formally issued a 48-hour demand notice to state authorities and relevant telecommunication companies, demanding an admission of liability for the gross violation of his client's fundamental rights.

• Massive Damages: If the authorities fail to initiate compensation discussions within the tight deadline, Omari intends to file a massive constitutional petition seeking KSh 200 million in damages.
• Deterring State Overreach: The lawsuit aims to heavily penalize the state for the psychological trauma and reputational damage inflicted upon the young student.
• Corporate Liability: Telecommunication companies are also in the crosshairs for allegedly disclosing subscriber data unlawfully without proper court orders.

This case is rapidly transforming from a simple cybercrime prosecution into a foundational battle for digital civil liberties in East Africa.

"The judgment confirms that Mokaya's constitutional rights were flagrantly infringed; the state must now pay the price for this spectacular overreach," declared an uncompromising Danstan Omari.