Kenyan Student Demands £1.3 Million After Court Rules Police Framed Him Over Presidential Post
Nairobi, 20 February 2026
David Mokaya’s acquittal reveals shocking police misconduct in Kenya’s cybercrime enforcement. The magistrate found investigators illegally seized evidence and potentially fabricated the case against the Moi University student, who was charged for allegedly posting that President Ruto was dead.
Court Finds Police Acted Illegally in Evidence Collection
On Thursday, 20 February 2026, Principal Magistrate Carolyne Nyaguthii Mugo delivered a damning verdict that exposed serious procedural violations by Kenyan law enforcement [1][2]. The court found that investigators had unlawfully seized Mokaya’s electronic devices and subjected them to forensic examination without obtaining proper judicial authorisation [2]. The magistrate emphasised that electronic devices attract heightened constitutional protection due to the extensive personal data they contain [2]. Furthermore, the court criticised police for obtaining evidence from telecommunications provider Safaricom without court orders, undermining the integrity of the prosecution’s case [3].
The Controversial Social Media Post That Sparked Legal Action
The case originated from a social media post allegedly published on 13 November 2024 on platform X (formerly Twitter) [3]. Prosecutors alleged that Mokaya had published an image depicting a funeral procession with a casket draped in the Kenyan flag and escorted by military officers in ceremonial uniform, captioned ‘President William Ruto’s body leaves Lee Funeral Home’ [2]. However, the court found no direct evidence linking the 24-year-old Moi University finance student to the alleged offence [3]. Magistrate Mugo noted that Mokaya was managing three social media business platforms, and crucially, his social media account was shared with three other individuals who were never called as witnesses [3]. The prosecution’s case was further weakened by evidence placing Mokaya in Eldoret, not Nairobi, when the post was allegedly made [3].
Magistrate Suggests Student Was ‘Framed’ by Police
In a particularly striking aspect of the judgment, Trial Magistrate Carolyne Mugo stated that the student had been framed by the police, who acted illegally [3]. The court could not rule out the possibility that the post was fabricated [3]. ‘The prosecution failed to establish a nexus between the accused and the social media account in question,’ the magistrate declared [3]. Mokaya was formally acquitted under Section 215 of the Criminal Procedure Code [2][3]. The magistrate criticised the police for failing to follow due process merely because the President’s name was mentioned [3], highlighting broader concerns about how cybercrime laws are being enforced in Kenya.
£1.3 Million Compensation Demand Following Acquittal
Following his acquittal, Mokaya, through his lawyer Danstan Omari, has issued a 48-hour demand notice to state authorities seeking 200 million Kenyan shillings in compensation [2]. The lawyer argues that the judgment confirms that Mokaya’s constitutional rights were infringed [2]. Omari is demanding that authorities admit liability within 48 hours and initiate compensation discussions, failing which they will file a constitutional petition seeking the damages [2]. The defence lawyer described the psychological impact on his client, stating: ‘This student can’t even talk due to mental trauma and shock that gripped him since he was charged on November 13, 2024’ [3]. The case was formally listed as Criminal Case No. MCCR/E1161/2024: Republic v David Mokaya [2]. Omari and his colleague have indicated they will sue the State for maliciously prosecuting Mokaya [3], setting the stage for what could become a significant constitutional challenge to Kenya’s cybercrime enforcement practices.