Free eventually! Pupil charged for sharing picture of ‘Ruto’s funeral procession’ acquitted

Magistrate Caroline Nyaguthi dominated that the prosecution failed to ascertain a case in opposition to Mokaya.

The trial court docket discovered that the accused particular person’s digital devices have been examined with no legitimate court docket order.

It emerged throughout proceedings that though investigators claimed to have obtained orders to look and extract knowledge from the units, these orders have been by no means offered earlier than the court docket.

The examination of the devices was due to this fact carried out illegally after they’d already been seized.

The court docket additional famous that cybercrime prosecutions should be dealt with with strict adherence to the regulation, given the delicate and technical nature of digital proof, which might simply be interfered with or hacked.

In acquitting Mokaya, the court docket emphasised that it was the prosecution’s obligation to show that he was the one who authored or posted the alleged false info.

The prosecution, nevertheless, did not conclusively hyperlink him to the publication in query.

As a consequence, the court docket dismissed the fees and set him free.

According to the Prosecution, Mokaya allegedly used his X (previously Twitter) account, below the deal with “Landlord @bozgabi” to share the picture on November 13, 2024.