University student charged with ‘killing’ Ruto wants the President ordered to appear in court
University student David Ooga Mokaya (right) with his lawyer Ian Mutiso at Milimani Law Courts where he is charged with publishing false information about President William Ruto.
What you need to know:
- The Law Society of Kenya wants to be supplied with the witness statements of President Ruto who is the subject of the proceedings.
- Lawyer Danstan Omari said all Kenyans are entitled to enjoy the freedom of speech and expression as enshrined in the Constitution.
A university student has urged a court to summon President William Ruto to testify in a case in which he has been charged with publishing false information about the death of the Head of State.
David Ooga Mokaya, a fourth year student at Moi University, has urged the Milimani Law Courts magistrate Benmark Ekhubi to direct the Director of Public Prosecutions (DPP) Renson Ingonga to supply him with witness statements including that of the complainant.
Mokaya is charged with computer misuse and publishing false information on X about the military in ceremonial uniform leading a funeral procession with a casket draped with the Kenyan flag allegedly containing the president's remains leaving Lee Funeral Home.
The Law Society of Kenya (LSK), which is leading the defence through Ian Mutiso and Danstan Omari, said they want to be supplied with the witness statements of President Ruto who is the subject of the proceedings.
"This is a matter of great public interest as the subject of the trial is the Head of State who the accused would like to cross-examine during the hearing," Mr Mutiso told the court.
He further questioned why the DPP has not supplied the accused person with all the witness statements and exhibit to be relied upon during a trial.
Mutiso told the court that police took away all the electronic gadgets from the accused who is waiting to graduate from Moi University this December.
"The accused cannot prepare adequately for graduation because he cannot fill the relevant form LS and other documentation in preparation for the graduation." Mutiso submitted.
The magistrate heard that the case against Mokaya is borne out of political malice and the DPP should come out clear to indicate whether all those people who criticize the government will be prosecuted.
Lawyer Omari said all Kenyans are entitled to enjoy the freedom of speech and expression as enshrined in the Constitution.
"It will be very embarrassing for the Head of State to take the witness dock to state whether he was the one in that casket or he is still alive," Mr Omari stated.
The lawyer asked the court to take judicial notice that in the past few years, persons who have been charged for imputing anything against the President have been discharged.
He referred a case whereby an accused person who had mimicked former president and solicited money from a foreigner had been discharged.
Mr Omari also urged the magistrate to note that a hotelier who had been charged with filming former President Uhuru Kenyatta and Raila Odinga walking at night along Nairobi City street during the Covid-19 lockdown was acquitted as both leaders could not appear in court to testify.
The defence team questioned the territorial jurisdiction of the Nairobi court handling a matter which occurred in Eldoret yet there are competent court to handle the matter in Uasin Gishu County.
The lawyers also said that they will write the DPP to review the case with a view to terminate it as it is of no public value.
However, prosecuting counsel Virginia Kariuki said the matter is not politically instigated and the DPP's decision to charge is not pegged on any motivation.
She said the prosecution is not opposed to a request for a review of the case.
In his ruling, the magistrate said the court will wait for the opinion of the DPP on the matter before making any further comments on the issues raised by the defence.
The matter will be mentioned on January 28, 2025 for further directions. The accused has denied the charges and is out on bond.
