David Oaga Mokaya, a university student, will stand trial for allegedly publishing false information and sharing a misleading funeral image online.
The court confirmed on Wednesday that the Director of Public Prosecutions (DPP) has not withdrawn the case, paving the way for a full hearing set for May 29, 2025.
Mokaya, who posted an image of a casket draped in the Kenyan flag, allegedly claimed it depicted President William Ruto’s body being transported from a funeral home. Prosecutors argue that the fabricated post, which featured military officers in ceremonial uniforms, was meant to create a false impression about the President’s death.
His lawyer, Danstan Omari, requested clarification on whether President Ruto would be called to testify, emphasizing the right of citizens to criticize their leaders. The Law Society of Kenya (LSK) has also questioned the jurisdiction of the case and the necessity of the President’s testimony.
With the trial set to proceed, this case is expected to test Kenya’s cyber laws and the limits of free speech on social media.