Moi University student David Mokaya has walked out of court a free man after being acquitted of charges linked to the publication of an image showing President William Ruto’s coffin on X, formerly known as Twitter.

The court’s decision came down to one fundamental issue, the prosecution simply could not prove its case.

In delivering the judgment, the magistrate held that the evidence presented fell far short of the standard required to secure a conviction.

Crucially, nothing before the court was enough to conclusively link Mokaya to the account in question or to establish that he was the one who authored or shared the controversial post. With the charge of publishing false information left unsubstantiated, the court had little choice but to acquit him.

Advocate Danstan Omari, who represented the student, expressed gratitude to the court following the ruling.

Speaking after the verdict, he revealed that his law firm routinely offers pro bono legal services to young people who find themselves maliciously charged and unable to afford representation. “Many youths facing similar charges often lack the financial means to secure legal assistance,” he noted.

But Omari is not stopping there. He revealed that his team will be consulting with Mokaya on the possibility of taking the fight to the State, exploring whether a suit can be instituted for the alleged violation of his fundamental rights and freedoms, and to seek appropriate compensation.

The ruling is a significant moment, not just for Mokaya, but for the broader conversation around digital rights and the burden of proof in cases involving online content in Kenya.