Kenya, Sept. 9 -- In a surprising turn of events in the trial of university student David Mokaya, well-known lawyer Danstan Omari has posed a bold question to Kenya's Directorate of Criminal Investigations (DCI): Is President William Ruto dead or alive? The investigation arises from the notable Ruto coffin post incident, where Mokaya is accused of sharing an AI-created image on social media that showed a flag-draped casket, misleadingly suggesting it held the president's remains.
The debate began in November 2024 when Mokaya, a student from Moi University who goes by @bozgabi online, shared the image on X (previously known as Twitter). The image depicted a coffin under military escort departing from Lee Funeral Home, with a caption that stated, "President's body leaves Lee Funeral Home."
Prosecutors quickly connected the post to Mokaya, alleging that he disseminated false information in violation of the Computer Misuse and Cybercrimes Act, asserting that it caused unwarranted panic and disrupted public order.
Law enforcement officials conducted a raid on his residence, confiscated various devices, and brought him to the Milimani Law Courts, where the proceedings have been prolonged due to intense legal disputes.
Omari, standing for Mokaya with the support of the Law Society of Kenya (LSK), has put forth a strong defence, contending that the evidence presented by the prosecution is weak at best.
In the latest court session with Senior Principal Magistrate Benmark Ekhubi, the lawyer intensely questioned DCI investigator Machibi about the digital evidence. "We can't even verify who was using the phone at that moment," Machibi acknowledged during cross-examination, raising significant questions about the ownership and authorship of the post.
Omari took the opportunity to intensify his statements, proclaiming in the courtroom, "It would be quite humiliating for the Head of State to step into the witness stand and clarify whether he was indeed the one in that casket or if he is still among the living."
The comment elicited surprised reactions from the audience and ignited a flurry of discussions online, as users engaged in a lively debate about the limits of free speech in the current political atmosphere of Kenya.
The case surrounding the Ruto coffin post has sparked wider conversations about digital rights and the government's reaction to satire. Mokaya's team contends that the image was never explicitly identified as the president's actual remains and questions why an ordinary student faces such intense scrutiny for what could be seen as political commentary.
The LSK has entered the scene, submitting motions to contest the court's jurisdiction and seeking complete transparency from the Director of Public Prosecutions (DPP), Renson Ingonga, which includes any possible testimony from Ruto himself.
Prosecutors, on the other hand, downplayed the necessity for presidential involvement, advocating for a quick trial and cautioning that such statements undermine trust in institutions.
When the hearing came to a close, the magistrate decided to push the proceedings to mid-September, giving Mokaya the opportunity to finish his academic term without any additional interruptions.
Supporters gathered outside the courthouse, seeing the case as a symbol of excessive control over young voices that challenge authority. Critics contend that misleading stories, such as the one about the President's coffin, can stir up turmoil, particularly in a country facing economic challenges and discontent among the youth.
The story keeps evolving, as Omari pledges to stand firm. As he concluded his arguments, he emphasised the central question: "Is President Ruto dead or alive?" The DCI needs to provide clarity on this matter before putting my client in a difficult position.
With Kenyans anticipating the upcoming court date, the Ruto coffin post case highlights the delicate balance between freedom of expression and incitement in today's digital landscape, prompting many to reflect on the lengths to which authorities might go to safeguard the presidency's image.
Published by HT Digital Content Services with permission from Bana Kenya.