Safaricom Dragged Into Case as Court Hears Testimony on Student Accused of Spreading ‘Ruto’s Funeral’ Post
A Nairobi court has continued hearings in the case of David Oaga Mokaya, a university student accused of publishing a controversial social media post that appeared to suggest President William Ruto had died.
The case has not only raised concerns about freedom of expression and online speech in Kenya but has also drawn Safaricom into the spotlight after claims that the company may have helped the Directorate of Criminal Investigations (DCI) track the student without following proper legal procedures.
Mokaya was arrested in November 2024 and charged with publishing false information. Prosecutors allege that on November 13, 2024, he used his X (formerly Twitter) account, under the handle “Landlord @bozgabi,” to share an image of a military funeral procession.
The photo showed a casket draped in the Kenyan flag, accompanied by a caption referencing “President Ruto” and the national anthem. Investigators argued that the post was meant to mislead the public into believing the funeral was that of President William Ruto.
On Monday, Chief Inspector Bosco Kisau, attached to the Serious Crimes Unit at DCI headquarters, took the witness stand. He told the court that he was sent to Eldoret on November 15, 2024, after receiving instructions from his superiors.
Kisau said detectives arrested Mokaya at the Annex area near Moi University and seized a Samsung mobile phone, a laptop, and his national identity card.
However, under cross-examination by defense lawyers Danstan Omari and Shadrach Wambui, Kisau’s testimony revealed several issues that raised eyebrows.
He admitted that investigators confiscated Mokaya’s devices before obtaining a search warrant, a move the defense argued was unlawful.
Kisau defended the action as justified but could not confirm where or how the disputed post was originally published, admitting, “I don’t know where the publication was done.”
Lawyers further pressed Kisau on whether the post actually carried an image of President Ruto. He conceded that it did not. Instead, it only showed a casket draped in the Kenyan flag.
The court also heard that the caption did not mention William Ruto by full name, only the title “President Ruto.” Defense lawyers argued that this could technically refer to any Kenyan with the name Ruto and did not prove the post directly targeted the Head of State.
Adding to the controversy, Kisau confirmed that detectives had not recorded any statement from President Ruto himself, and he was not aware if such a statement even existed in the case file.
The student pleaded not guilty and was released on a bond of Ksh. 100,000 or a cash bail of Ksh. 50,000. The matter is ongoing before Senior Principal Magistrate Benmark Ekhumbi.
Alongside the testimony, the trial has brought new attention to Safaricom after a company employee told the court in a related proceeding that the mobile operator had shared a subscriber’s data with the DCI without a court order.
Human-rights groups have long accused Safaricom of cooperating with state agencies in ways that undermine privacy and freedom of expression, with some cases linked to the targeting of critics and activists.
Safaricom has repeatedly denied claims of unlawful surveillance, saying it does not act as a tool for political witch-hunts and that any cooperation with security agencies is done within the framework of Kenyan law.
Still, the revelations in court have added weight to growing concerns about how state authorities are handling politically sensitive online content and whether due process is being respected.
The case of David Mokaya has now become more than just a trial about a social media post. It is testing Kenya’s commitment to freedom of expression, digital privacy, and the rule of law at a time when online speech and political criticism are under increasing scrutiny.
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