Thursday, February
19, 2026 - A Nairobi court has acquitted David Mokaya, who had been charged
with publishing a controversial photo of President William Ruto at a funeral
procession.
The image, shared on X in November 2024, showed a casket
draped in the Kenyan flag escorted by a military officer, captioned: “President
William Ruto leaving Lee funeral home.”
Delivering judgment on Thursday, February 19th,
2026, Milimani Principal Magistrate Carolyne Nyaguthii Mugo ruled that the
prosecution failed to prove its case.
She noted there was no independent evidence linking Mokaya
to the X account that posted the image.
“Having excluded unlawfully obtained evidence and finding no
proof connecting the accused to the publication, this court finds the
prosecution has failed to discharge the burden of proof beyond reasonable
doubt.”
“Accordingly, the accused person is hereby acquitted,” she
stated.
Magistrate Nyaguthii emphasized that constitutional
safeguards apply equally, even when the subject of a publication is the
President.
She warned against investigative shortcuts, stressing that
criminal processes must not be used as tools of expediency in politically
sensitive cases.
The court further observed that investigators bypassed legal
safeguards, seizing and examining Mokaya’s gadgets without a court order.
While acknowledging that offensive or false material may
have been published online, Nyaguthii clarified that liability only attaches to
the actual publisher.
Her ruling highlighted Articles 27 and 244 of the
Constitution, which guarantee equal protection of the law and require the
National Police Service to respect human rights.
The Kenyan DAILY POST
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