A police officer has admitted in court that a mobile service provider disclosed the details of a Moi University student charged with publishing false information about President William Ruto.
Chief Inspector Bosco Kisau, who is attached to the Serious Crimes Unit at the DCI headquarters, told Milimani Senior Principal Magistrate Benmark Ekhubi that Safaricom had provided them with the details of David Ooga Mokaya, whose social media publication had raised public concern.
“After being provided with the cellphone number of Mokaya we proceeded to Eldoret on November 15, 2024 to search for the publisher of the alleged offending article in the Social Media about the head of state,” Mr Kisau told Ekhubi.
The officer told the magistrate who trying Mokaya for allegedly publishing false information said he and other officers were directed to Eldoret to arrest the suspect as his location had been stated by the mobile service provider.
CIP Kisau said detectives arrested Mokaya at the Annex area, opposite Moi University, where they seized a Samsung mobile phone, a laptop, and an identity card.
“After arresting the suspect, we travelled with him back to Nairobi where we interrogated him about the online post,” CIP Kisau told the magistrate.
During cross-examination by defence lawyers Danstan Omari and Ian Mutiso, the officer stated that he had not been served with a court order by the DCI authorising the investigation of the accused's mobile phone and laptop.
Mr Omari and Mr Mutiso Mr Kisau and a Safaricom employee Daniel Hamisi who admitted they gave out Mokaya’s details without a court order.
Mr Hamisi told the court a senior police officer Michael K Sang wrote to Safaricom requesting details about Mokaya on November 14, 2024.
The officers were questioned about freedom of expression, due process and how online speech is handled in politically sensitive matters.
The officer admitted that he was unaware of a High Court ruling requiring an order to investigate individuals' data.
He said that the police action had been prompted by a complaint about an online post said to target the Head of State.
Cross-examination by Mr Omari, Shadrack Wambui and Mutiso revealed serious flaws in the violation of the accused's rights to freedom of expression and privacy.
“Are you aware that subscriber details can only be released to a third party with a court order?” Mr Mutiso asked the witness.
“I am not aware of the High Court ruling requiring mobile service providers to obtain court orders before releasing subscriber details,” the witness replied.
Mr Kisau admitted that the post in question had a caption referencing President Ruto, which he said had caused public concern.
He also informed the court that investigators had confiscated the suspect’s gadgets prior to obtaining a search warrant. He defended this move as lawful, but defence lawyers told the court that it was illegal and violated the accused’s rights.
He could also not confirm the origin, source or location of the publication, stating: "I don’t know where the publication was done," he testified.
Additionally, detectives did not record a statement from President Ruto, and Mr Kisau said he was unaware whether one had been taken.
Mr Kisau was asked directly whether the alleged post actually contained a picture of President Ruto.
However, the court heard that the disputed post showed a casket draped in the Kenyan flag, accompanied by an anthem and a caption mentioning 'President Ruto'.
When pressed further, Mr Kisau acknowledged that the post did not mention William Ruto by his full name. The defence lawyers argued that the name 'President Ruto' could theoretically refer to any Kenyan with that name.
According to the prosecution, Mokaya allegedly used his X (formerly Twitter) account under the username 'Landlord @bozgabi' to share the image on November 13, 2024.
The post showed a funeral procession with a military escort carrying a casket draped in the Kenyan flag.
Prosecutors claimed that the image was intended to mislead the public into believing that it depicted the funeral of President William Ruto.
Mokaya, who has denied the charge of publishing false information, appeared before Senior Principal Magistrate Benmark Ekhumbi.
He was granted a bond of Sh100,000 or a cash bail of Sh50,000.The hearing continues.
