Milimani Court Clears Activist Nuru Okanga of All Cybercrime Charges
A Nairobi court has cleared outspoken political activist and commentator Nuru Okanga of all cybercrime charges, bringing an end to a case that had drawn public attention over free speech and digital evidence standards in Kenya.
The ruling was delivered at the Milimani Law Courts on Tuesday, January 20, 2026, where trial magistrate Rose Ndombi found that prosecutors had failed to prove their case against Okanga.
As a result, the court acquitted him under Section 210 of the Criminal Procedure Code, which allows for dismissal when the prosecution does not establish a prima facie case.
Okanga had been accused under the Computer Misuse and Cybercrimes Act in connection with an online video that investigators claimed contained false, defamatory, and threatening statements allegedly directed at President William Ruto. According to the prosecution, the video amounted to cyber harassment and misuse of digital platforms.
The charges were partly based on a video referenced during a previous court session on November 26, 2025, in which Okanga was alleged to have made remarks challenging the former Deputy President to take violent action against President Ruto. These claims formed the basis of the case brought against him.
However, in her detailed ruling, Magistrate Ndombi stated that the prosecution failed to prove a crucial element of the case — linking Okanga directly to the video. The court noted that investigators were unable to demonstrate that he was the creator, uploader, or distributor of the disputed content.
The magistrate stressed that cybercrime cases require clear, verifiable, and technical digital evidence. She faulted investigators for failing to present forensic proof such as digital footprints, recovered electronic devices, or expert analysis connecting Okanga to the video.
During the trial, it also emerged that no phones, computers, or storage devices were seized from Okanga during investigations. Officers from the Directorate of Criminal Investigations (DCI) admitted in their testimony that they did not obtain court-issued search warrants or data preservation orders, raising serious questions about the legality and thoroughness of the probe.
In her conclusion, Magistrate Ndombi observed that the case against Okanga was largely based on suspicion. She emphasized that suspicion, no matter how strong, cannot be used as the basis for a criminal conviction, especially in cases involving digital offences that require technical proof.
Okanga was represented by Embakasi East MP Babu Owino, who argued that the prosecution’s failure exposed major weaknesses in the way cybercrime investigations are conducted in the country. He maintained that the State did not meet the required evidentiary threshold to sustain the charges.
Following the ruling, Babu Owino welcomed the decision, saying it reaffirmed the importance of due process, lawful investigations, and constitutional protections, particularly when cases touch on political speech and freedom of expression.
Speaking to the media outside the Milimani Law Courts after his acquittal, Okanga thanked Owino for standing by him throughout the case. In a televised interview, he revealed that the MP had even supported him financially, including sending him transport money to attend court hearings in Nairobi.
The acquittal is now expected to reignite national debate on how Kenya enforces its cybercrime laws. Legal experts and rights groups are likely to revisit concerns around selective prosecution, the handling of digital evidence, and the delicate balance between national security, public order, and free expression in the digital age.
The ruling has been seen by many as a strong reminder that cybercrime cases must be backed by lawful investigations and solid technical evidence, not assumptions or political pressure.
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