A university student charged with publishing false information concerning the country’s head of state has distanced himself from the fake publication, saying the platform that posted the offending article was operated and managed by three other people.
David Ooga Mokaya, a finance and economics graduate from Moi University, Eldoret, told a magistrate at the Milimani Law Courts: “I did not post the offending article in the X space.”
Mokaya said that although he managed the X Space account identified as “Landlord@bozgabi”, it was not solely under his control, as it was operated by three other people. He added that it was a business-oriented social media account.
The accused denied ever posting a fake picture that appeared to depict President William Ruto lying in a casket.
“I am a patriot and a citizen of Kenya. I cannot publish a photo of President Ruto lying in a casket purporting that he was dead,” Mokaya told the magistrate while giving a sworn defence.
David Ooga Mokaya (left), a university student accused of publishing a fake social media post to imply President William Ruto was dead, being cross-examined by his lawyer Danstan Omari at the Milimani Law Courts on January 29, 2026.
Photo credit: Billy Ogada Nation
Asked by Mr Mutiso and Mr Omari whether President Ruto is alive, he answered: “President Ruto is alive. Every day he is attending official functions. He is alive. Today, he is in Kisii County.”
The graduate disclosed that he manages three business-related social media accounts and that on November 13, 2024, when he allegedly posted the offending article, he did not have an X account.
Mokaya said he operated a Twitter account and not an X account when the alleged fake article was posted.
The magistrate heard that the said account was being managed by three other people, who could have posted the alleged offending article depicting the President as lying in a casket being led out of Lee Funeral Home, draped in the Kenyan flag.
He denied publishing false information by posting an alleged image of a funeral procession of President Ruto.
In the charge sheet registered before the court, Mokaya was accused of posting the image, which he allegedly captioned: “President William Ruto’s body leaves Lee Funeral Home.”
Mokaya denied the charge of publishing false information contrary to Section 22(1) of the Computer Misuse and Cybercrimes Act No. 5 of 2018.
He is alleged to have posted the alarming false publication on November 13, 2024, at an unknown place within the Republic of Kenya.
In his defence, Mokaya said he was arrested by plainclothes officers at his Eldoret town residence, who then took away his laptop and mobile phone.
He said the police had no search warrant from the court, yet they probed his Safaricom line.
“I did not post this offending material, although a data analyst claimed the posting emanated from my phone,” Mokaya testified.
Mokaya is charged with intentionally publishing false data depicting a funeral procession with a casket draped in the Kenyan flag, allegedly bearing the remains of the head of state.
According to the prosecution, Mokaya allegedly used his X (formerly Twitter) account, under the handle “Landlord@bozgabi”, to share the image on November 13, 2024.
Mokaya concluded his defence by urging the court to acquit him, saying the prosecution had failed to prove the case against him.
Defence lawyers and prosecuting counsel Sonia Njoki have been directed to file submissions on no case to answer by February 5, 2026.
Mokaya is out on a cash bail of Sh50,000.
