The case involving David Mokaya, a university student charged with publishing false information and sharing an image of President William Ruto‘s fake funeral procession, has taken a fresh twist.
David Ooga Mokaya, a fourth-year student at Moi University, has urged the court to summon President Ruto to testify in the case.
Mokaya is charged with computer misuse after he posted a photo showing military personnel in ceremonial uniform and a leading funeral procession with a casket wrapped in the Kenyan flag, allegedly containing the Head of State’s remains leaving Lee Funeral Home.
The court was informed that the image was fabricated to give a false impression that it involved the President.
Student Lawyers Wants Ruto to Testify
The Law Society of Kenya, through Lawyers Ian Mutiso and Danstan Omari, has filed a request at the Milimani Law Courts for the Director of Public Prosecutions (DPP), Renson Ingonga, requesting to be supplied with President Ruto’s witness statements since he is the subject of the case.
“This is a matter of great public interest as the subject of the trial is the Head of State who the accused would like to cross-examine during the hearing,” Mutiso told the court.
“The accused was arrested in Eldoret, the issue of jurisdiction should be addressed in this matter. The president has not been listed as a witness, and we would like to know whether he will be called to testify.”
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He further questioned why the DPP has not supplied the accused person with all the witness statements and exhibits to be relied upon during a trial.
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Lawyers Want DPP To Review Charges
Omari opined that Kenyans must enjoy the freedom of speech, adding that it will be embarrassing for President Ruto to take the witness dock.
He further argued that the case against Mokaya was politically motivated, urging the DPP to clarify whether individuals critical of the government would face prosecution.
“It will be very embarrassing for the Head of State to take the witness dock to state whether he was the one in that casket or he is still alive,” Omari said.
Also Read: Ruto Blasted for Spreading Lies, Slapped with 8 Demands
He also pointed to previous cases where individuals charged with insulting the President were acquitted, referencing a past case in which an individual mimicked the former President and solicited money from a foreigner.
At the same time, Mutiso revealed that the police confiscated Mokaya’s electronic gadgets.
This, he said, is preventing him from preparing adequately for graduation as he is unable to fill out the relevant forms and complete other documentation required for the event.
The court directed that the matter be mentioned on January 28 when the issue of jurisdiction will be decided.
Mokaya had denied allegations and is out on bond.
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